Costs in lower-value clin neg cases ‘far exceed damages’ – Law Society’s Gazette

Posted August 8th, 2022 in consultations, costs, damages, doctors, negligence, news by tracey

‘Doctors’ representatives in clinical negligence cases have claimed that average costs far outstrip the compensation secured for cases worth less than £25,000.’

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Law Society's Gazette, 5th August 2022

Source: www.lawgazette.co.uk

Craig Wright wins ‘only nominal damages’ of £1 in bitcoin libel case – The Guardian

Posted August 2nd, 2022 in cryptocurrencies, damages, defamation, evidence, news by tracey

‘For years Craig Wright has claimed that he is the mythical figure who created bitcoin. But a legal bid by the Australian computer scientist to defend his assertion that he is Satoshi Nakamoto resulted in a pyrrhic victory and a tarnished reputation on Monday.’

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The Guardian, 1st August 2022

Source: www.theguardian.com

High Court ruling a warning to lawyers who ‘shoehorn’ claimants into class actions – OUT-LAW.com

‘Lawyers must take note of a court’s refusal to allow multiple claimants with widely differing claims to use a single claim form, a legal expert has warned.’

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OUT-LAW.com, 27th July 2022

Source: www.pinsentmasons.com

Union’s head of legal receives apology over picket line arrest – Legal Futures

‘A barrister working as a trade union’s in-house lawyer has received a formal apology and damages of £3,000 from the Metropolitan Police after he was arrested on a picket line.’

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Legal Futures, 28th July 2022

Source: www.legalfutures.co.uk

Allison Bailey: Barrister awarded £22,000 in discrimination case – BBC News

‘A barrister has won part of her employment tribunal claim that she was discriminated against because of her gender-critical views.’

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BBC News, 27th July 2022

Source: www.bbc.co.uk

Law change allows organisations to employ agency workers during strikes – Local Government Lawyer

‘A new law is now in place that will enable organisations impacted by industrial action to plug staffing gaps with agency workers, the Government has said.’

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Local Government Lawyer, 25th July 2022

Source: www.localgovernmentlawyer.co.uk

What if it is not just my fault? A whistle stop guide to making a contribution claim – Mills & Reeve

‘In principle, a claim can be made against one responsible party for all losses suffered, even when other parties were involved (e.g. a claim against solicitors when a barrister may have also provided advice) but what if a claim is made against you and you aren’t the only one to blame?’

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Mills & Reeve, 26th July 2022

Source: www.mills-reeve.com

Case against rugby union governing bodies on dementia destined for courts – The Guardian

‘A legal case involving a group of rugby players diagnosed with early-onset dementia and other irreversible neurological impairments now looks destined for the courts. Proceedings are to be issued by Rylands Law on behalf of a group of professional and semi-professional players against World Rugby, the Rugby Football Union and the Welsh Rugby Union.’

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The Guardian, 25th July 2022

Source: www.theguardian.com

BBC to pay ‘substantial damages’ to William and Harry’s royal nanny over Bashir smears – The Independent

Posted July 22nd, 2022 in BBC, damages, deceit, defamation, news, royal family by tracey

‘The BBC has agreed to pay “substantial damages” to William and Harry’s former nanny over “false and malicious” allegations used to obtain Martin Bashir’s 1995 Panorama interview with Diana, Princess of Wales.’

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The Independent, BBC News, 22nd July 2022

Source: www.independent.co.uk

“No claim is unmanageable”: Court of Appeal reinstates huge group action – Legal Futures

Posted July 11th, 2022 in appeals, class actions, damages, foreign jurisdictions, news, pollution by tracey

‘The Court of Appeal has reinstated a £5bn claim that a High Court judge struck out because it risked becoming “the largest white elephant in the history of group actions”.’

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Legal Futures, 11th July 2022

Source: www.legalfutures.co.uk

Prince Harry wins latest stage of Mail on Sunday defamation case – The Independent

Posted July 8th, 2022 in damages, defamation, media, news, royal family by sally

‘A Mail on Sunday article on the Duke of Sussex’s legal claim against the Home Office contained parts that were defamatory, the High Court has ruled.’

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The Independent, 8th July 2022

Source: www.independent.co.uk

Defendant DBAs are unlawful, Court of Appeal rules – Legal Futures

Posted July 8th, 2022 in appeals, damages, fees, news, solicitors by sally

‘An agreement that a defendant will pay their solicitors a percentage of any sums they successfully resist having to pay the claimant is unlawful and unenforceable, the Court of Appeal has ruled.’

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Legal Futures, 7th July 2022

Source: www.legalfutures.co.uk

Claimant loses £49k damages as High Court overturns ‘injustice’ finding – Law society’s Gazette

Posted July 4th, 2022 in accidents, damages, deceit, insurance, news, personal injuries by tracey

‘An injured person who claimed more than £500,000 for lost earnings – while hiding the fact he was still in paid work – has lost his entire damages award because of fundamental dishonesty.’

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Law Society's Gazette, 1st July 2022

Source: www.lawgazette.co.uk

‘I wouldn’t have the money to pay a lawyer’: tenants left without means to sue rogue landlords – The Guardian

‘Poor and vulnerable tenants who are evicted from their homes or living in dangerous conditions will lose the chance to take their landlords to court when new government rules on legal costs come into force next year, experts are warning.’

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The Guardian, 26th June 2022

Source: www.theguardian.com

We don’t need no tariffs – Nearly Legal

Posted June 24th, 2022 in appeals, damages, housing, landlord & tenant, news, rent, repairs, repossession by tracey

‘Khan v Mehmood (2022) EWCA Civ 791 (Housing Law Practitioners Association intervening). This was, it has to be said, in part a rather odd appeal to the Court of Appeal. The background was a rent arrears possession claim by Ms Khan and a defence and disrepair counterclaim by the tenant, Mr Mehmood. At trial, Ms Khan did not appear and was not represented. The possession claim was dismissed and a judgment on the counterclaim made for damages equating 50% of rent for the period 2007 to 2014 (date of trial) (plus return of deposit and penalty for failure to protect). The District Judge added the Simmons v Castle 10% uplift to the disrepair general damages.’

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Nearly Legal, 21st June 2022

Source: nearlylegal.co.uk

Unlawful eviction – but landlord not liable – Nearly Legal

Posted June 20th, 2022 in appeals, covenants, damages, housing, injunctions, landlord & tenant, news, repossession by tracey

‘Brem v Murray & Marchant (2022) EWHC 1479 (QB). An appeal judgment from a first instance judgment on a claim for unlawful eviction, which deals with the landlord’s liability for the unlawful eviction that had taken place.’

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Nearly Legal, 19th June 2022

Source: nearlylegal.co.uk

Councillor wins £30k damages after BBC misidentified her as politician accused of housing fraud – Local Government Lawyer

Posted June 20th, 2022 in BBC, damages, defamation, fraud, housing, news, political parties by tracey

‘A Westminster councillor has received damages in a libel case against the BBC after the news organisation misidentified her as another BAME politician who had been accused of housing fraud.’

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Local Government Lawyer, 17th June 2022

Source: www.localgovernmentlawyer.co.uk

Court of Appeal refuses injunction to enforce 12 month non-compete covenant – Blackstone Chambers

‘In Planon v Gilligan [2022] EWCA Civ 642 the Court of Appeal refused to grant an injunction to enforce a 12-month non-compete covenant that had only four months left to run by the time of the appellate hearing.’

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Blackstone's Chambers, 20th May 2022

Source: www.employeecompetition.com

Planon v Gilligan: Court of Appeal considers interim enforcement of non-competes – Littleton Chambers

‘Lucy Bone discusses the CA’s judgment in Planon v. Gilligan, which considered the correct approach to enforceability of a non-compete covenant at an interim injunction, and how to apply the second and third limbs of American Cyanamid in such cases.’

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Littleton Chambers, 17th May 2022

Source: littletonchambers.com

Unravelling – the effect of a debt moratorium on enforcement steps taken during it. – Nearly Legal

Posted May 16th, 2022 in damages, debts, enforcement, housing, leases, mental health, news, repossession by tracey

‘Lees v Kaye (2022) EWHC 1151 (QB). This is another judgment on the operation of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England & Wales) Regulations 2020. (The first was part of the Brake v Axnoller litigation, the denouments of which I have yet to write up). The case highlights the potential impact of a moratorium and the importance of paying attention to them, because it can give rise to great difficulty in unravelling what has been done.’

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Nearly Legal, 15th May 2022

Source: nearlylegal.co.uk