International community “will see Halliburton ruling as protecting Bar” – Litigation Futures

‘The Supreme Court’s decision not to remove a QC from an arbitration will reinforce the international perception that members of the English Bar are being protected, a solicitor has claimed.’

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Litigation Futures, 30th November 2020

Source: www.litigationfutures.com

New Judgment: Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal addressing when an arbitrator should make disclosure of circumstances which may give rise to justifiable doubts as to his impartiality.’

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UKSC Blog, 27th November 2020

Source: ukscblog.com

Council wins appeal over award of damages to woman hit by cricket ball in park – Local Government Lawyer

‘The London Borough of Wandsworth has won an appeal over an order requiring it to pay nearly £35,000 in damages and costs to a woman seriously injured by a cricket ball in Battersea park.’

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Local Government Lawyer, 27th November 2020

Source: www.localgovernmentlawyer.co.uk

High Court refuses to strike out solicitor’s surveillance harassment claim – Legal Futures

‘The High Court has refused to strike out claims of harassment brought by a solicitor and his wife over surveillance of them carried out at the instruction of a former client.’

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Legal Futures, 30th November 2020

Source: www.legalfutures.co.uk

Successful insurers’ A1P1 claim concerning benefits reimbursement in asbestos claims – UK Human Rights Blog

‘R (o.t.a of Aviva & Swiss Re) v. Secretary of State for Work and Pensions [2020] EWHC 3118 (Admin). At first sight, a rather abstruse dispute, but the 63 page judgment of Henshaw J gives rise to a host of important and difficult human rights points. But his central conclusion is that a statute which was not challengeable at the time of its enactment became so, because of the subsequent evolution of the law, principally common law, to the detriment of insurers.’

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UK Human Rights Blog, 25th November 2020

Source: ukhumanrightsblog.com

The Nature of Demurrage: K Line Pte Ltd v Priminds Shipping (Hk) Co. Ltd. m.v. “Eternal Bliss” [2020] EWHC 2373 (Comm) – 33 Bedford Row

Posted November 25th, 2020 in appeals, arbitration, chambers articles, charterparties, compensation, damages, news by sally

‘An important point regarding the nature of demurrage may, finally, have been conclusively determined by the High Court in this recent case, which came before Mr Justice Andrew Baker. It is however presently the subject of an appeal to the Court of Appeal (leave having been granted by the learned judge), so a definitive answer is awaited.’

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33 Bedford Row, 12th November 2020

Source: www.33bedfordrow.co.uk

The Cautionary tale of the postman, the application for relief and not enough money? Diriye v Bojaj [2020] EWCA Civ 1400 – Park Square Barristers

‘This credit hire appeal case was heard in the Court Of Appeal on 15 October 2020 with judgment being handed down on 4 November. It was heard by Lord Justice Coulson who gave the leading judgment, Lady Justice Davies and Lady Justice Rose agreeing.’

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Park Square Barristers, 13th November 2020

Source: www.parksquarebarristers.co.uk

Diriye v Bojaj [2020] EWCA Civ 1400: ‘Signed For’ deliveries and deemed service – Littleton Chambers

‘In Diriye v Bojaj [2020] EWCA Civ 1400, the Court of Appeal handed down an important judgment clarifying the scope of the deemed service provisions in CPR 6.26 in the context of signed for deliveries. The Court held that a “Signed For 1st Class” delivery would still be deemed served “on the second day after it was posted” in accordance with CPR 6.26, regardless of the date on which it was actually signed for and received.’

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Littleton Chambers, 11th November 2020

Source: littletonchambers.com

A Costly Lesson? A discussion of the decision in Belsner v Cam Legal Services Limited [2020] EWHC 2755 (QB) – Parklane Plowden Chambers

‘Lavender J has held that solicitors cannot rely upon CPR 46.9(2) to recover more from a client than could have been recovered between parties in the proceedings, unless they can show that the client provided informed consent. The decision potentially has far-reaching consequences for the use of conditional fee agreements (“CFAs”).’

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Parklane Plowden Chambers, 20th November 2020

Source: www.parklaneplowden.co.uk

Family who fear daughter was killed sue Leeds NHS trust after body decomposes – The Guardian

Posted November 23rd, 2020 in bereavement, coroners, damages, families, hospitals, inquests, negligence, news, unlawful killing by sally

‘The family of a woman who they suspect was killed is suing a health trust that allegedly stored her corpse incorrectly, allowing it to decompose to the point that experts were unable to rule out third-party involvement in her death, the Guardian can reveal.’

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The Guardian, 23rd November 2020

Source: www.theguardian.com

Assetco v GT: A chink in SAAMCo’s armour? And a lost chance to sort out loss of a chance? – Hardwicke Chambers

Posted November 19th, 2020 in accounts, auditors, damages, duty of care, loss of chance, negligence, news by sally

‘The recent decision of Assetco Plc v Grant Thornton UK LLP [2020] EWCA Civ 1151, in which judgment was handed down at the end of August, is well worth professional liability lawyers paying attention to whether they are predominantly claimant practitioners, defendant ones or, like me, act for either side. It is a useful illustration of the application of the SAAMCo principle/doctrine (and also contains an interesting, if not entirely novel, analysis regarding loss of a chance).’

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Hardwicke Chambers, 5th November 2020

Source: hardwicke.co.uk

Claimant lawyers urge Lord Chief to step in on whiplash reforms – Legal Futures

‘Claimant personal injury lawyers have turned to the Lord Chief Justice to support an urgent review of the government’s proposed tariff of damages for next April’s whiplash reforms.’

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Legal Futures, 18th November 2020

Source: www.legalfutures.co.uk

Marina Litvinenko submits €3.5m ECHR claim against Russia – The Guardian

Posted November 16th, 2020 in compensation, damages, human rights, inquiries, international law, murder, news, poisoning, Russia by sally

‘The widow of Alexander Litvinenko has submitted a claim against Russia to the European court of human rights (ECHR), seeking €3.5m (£3.1m) in compensation for his murder by radiation poisoning in London.’

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The Guardian, 15th November 2020

Source: www.theguardian.com

Essure: Women in England take legal action against sterilising-device maker – BBC News

Posted November 16th, 2020 in class actions, compensation, damages, health, medical treatment, news, women by sally

‘Lawyers have begun legal action on behalf of 200 UK women against the makers of a sterilisation device, after claims of illness and pain.’

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BBC News, 15th November 2020

Source: www.bbc.co.uk

Claim for special accommodation – Law Society’s Gazette

Posted November 10th, 2020 in accidents, damages, disabled persons, housing, news, personal injuries, road traffic by sally

‘In Swift v Carpenter [2018] EWHC 2060 (QB) the claimant, aged 39, had suffered serious lower-limb injuries in a road traffic accident. Liability was agreed and in 2018 the quantum assessment came before Mrs Justice Lambert in the High Court, who made awards on various heads of claim. The final issue for consideration was a claim for special accommodation. It was agreed by the parties that the claimant required a new house, given her injuries, and that it was reasonable that she move. Lambert J set the extra cost of the proposed special accommodation at £900,000.’

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Law Society's Gazette, 9th November 2020

Source: www.lawgazette.co.uk

Court of Appeal refuses permission to appeal Swift v Carpenter – Litigation Futures

‘The Court of Appeal has refused permission to appeal Swift v Carpenter, its recent decision that replaced the Roberts v Johnstone formula for calculating accommodation claims by injured people.’

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Litigation Futures, 6th November 2020

Source: www.litigationfutures.com

Mental health, clinical negligence and the illegality defence – UK Human Rights Law Blog

‘In Ecila Henderson v. Dorset Healthcare University NHS Trust Foundation [2020] UKSC 43 the Supreme Court has revisited the defence of illegality (“ex turpi causa”) in the context of a claim for clinical negligence.’

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UK Human Rights Law Blog, 3rd November 2020

Source: ukhumanrightsblog.com

Mamadou Sakho: Defender accepts ‘substantial’ damages from Wada – BBC News

Posted November 5th, 2020 in damages, defamation, disciplinary procedures, news, sport by tracey

‘Crystal Palace defender Mamadou Sakho has accepted “substantial” damages from the World Anti-Doping Agency over allegations he took banned performance-enhancing drugs.’

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BBC News, 4th November 2020

Source: www.bbc.co.uk

Johnny Depp loses libel case against Sun over claims he beat ex-wife Amber Heard – The Guardian

Posted November 2nd, 2020 in compensation, damages, defamation, domestic violence, media, news by tracey

‘The Hollywood actor Johnny Depp has lost his high-stakes libel action in the London courts against the Sun after the newspaper described him as a “wife beater”.’

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The Guardian, 2nd November 2020

Source: www.theguardian.com

The cost of wrongly alleging breach of good faith: Part 36 offers and indemnity costs – Local Government Lawyer

Posted October 30th, 2020 in contracts, damages, local government, news, part 36 offers, waste by sally

‘A High Court judge’s decisions in a multi-million pound dispute between a council and a waste company are helpful in understanding the Court’s approach to duties of good faith – and the consequences of making allegations of bad faith without sufficient evidence, write Judith Hopper and Rory Budworth.’

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Local Government Lawyer, 30th October 2020

Source: www.localgovernmentlawyer.co.uk