MoJ rules out any major changes to bereavement damages system – Law Society’s Gazette

Posted February 13th, 2020 in accidents, bereavement, damages, news, personal injuries by tracey

‘The government has confirmed it has no plans to look more widely at the system for awarding bereavement damages to relatives.’

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Law Society's Gazette, 13th February 2020

Source: www.lawgazette.co.uk

R (Jalloh (Liberia)) v Secretary of State for the Home Department [2020] UKSC 4 – UKSC Blog

‘This appeal was about the law on damages for false imprisonment. It required the Supreme Court to consider the meaning of imprisonment at common law and whether this should be aligned with the concept of deprivation of liberty under the European Convention on Human Rights.’

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UKSC Blog, 12th February 2020

Source: ukscblog.com

Credit hire – financial losses of self-employed drivers – KCH Garden Sq

Posted February 11th, 2020 in accidents, damages, news, road traffic, self-employment, taxis by sally

‘Claims concerning credit hire charges appear before the courts on a daily basis. It is vital for litigators in this field to be familiar with the decision of the High Court of Justice in late 2019, in Humayum Hussain v EUI Limited [2019] EWHC 2647 (QB); [2019] 10 WLUK 152, (‘Hussain’). The principles detailed in the judgment are applicable to self-employed drivers, including but not limited to, chauffeurs, delivery drivers and hauliers.’

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KCH Garden Sq, 7th February 2020

Source: kchgardensquare.co.uk

New setback in race to begin whiplash reform in April – Legal Futures

‘The Civil Procedure Rule Committee last week put off approving the rules for the new whiplash portal until next month, it is understood, making the April start-date all-but impossible.’

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Legal Futures, 10th February 2020

Source: www.legalfutures.co.uk

‘Scared of heights’ injury claimant filmed on Europe’s biggest waterslide – BBC News

‘A bodybuilder who claimed an accident left him scared of heights was exposed when a video emerged of him careering down Europe’s highest waterslide.’

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BBC News, 6th February 2020

Source: www.bbc.co.uk

How do you balance the prejudice between parties when one party could be left with an undefendable claim? – Parklane Plowden

‘HHJ Freedman, the Designated Civil Judge in Newcastle, had to grapple with this in the case of Mitchell v Precis 548 Ltd [2019] EWHC 3314 (QB). HHJ Freedman had to decide whether to accede to the request of a First Defendant in the proceedings as to whether to vacate a trial 2 days before it was due to start.’

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Parklane Plowden, 24th January 2020

Source: www.parklaneplowden.co.uk

Lifting the automatic suspension in procurement claims (Alstom v Network Rail) – Henderson Chambers

Posted January 17th, 2020 in damages, news, public procurement, railways by sally

‘The court provided a closely reasoned judgment granting Network Rail’s application to lift the automatic suspension which arose on issue of a procurement challenge by Alstom pursuant to Regulation 110 of the Utilities Contracts Regulations 2016 (SI 2016/274). The court’s approach and the principles that it employed are likely to be equally applicable to an application to lift the automatic suspension under the Public Contracts Regulations 2015 (SI 2015/102). As the court found that damages would be an adequate remedy for Alstom but not an adequate remedy for Network Rail, Network Rail’s application was granted. Written by Jonathan Lewis, barrister, at Henderson Chambers.’

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Henderson Chambers, 9th January 2020

Source: www.hendersonchambers.co.uk

Terminating leases for repudiatory breach – Wilberforce Chambers

Posted January 16th, 2020 in contracts, damages, landlord & tenant, leases, news by sally

‘A repudiatory breach of a contract (or a renunciation) can be a powerful weapon in the hands of the innocent party to the contract – it gives them a choice:
– Affirm the contract – keep it ongoing, sue for specific performance of whatever contractual obligation the other party has breached, and/or claim damages suffered as a result of the breach; or
– Accept the repudiation – bring the contract to an end, discharging both parties from further performance, and claim damages for loss occasioned by the termination.’

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Wilberforce Chambers, 8th January 2020

Source: www.wilberforce.co.uk

Insurance claims – Reservation of rights & Late payment by insurers – Where are we now? – 4 New Square

Posted January 16th, 2020 in damages, delay, insurance, news by sally

‘Knowing when and how an insurer’s rights should be reserved is a key skill for anyone involved in handling insurance claims. Listen to this podcast to hear Alison Padfield QC’s thoughts on this controversial issue, together with an outline of the new legislation on damages for late payment of claims by insurers – and why she thinks the two topics might be linked.’

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4 New Square, 14th January 2020

Source: www.4newsquare.com

CA: Litigants do not owe duty of care to opponents – Litigation Futures

‘Litigants do not owe a duty of care to their opponents, the Court of Appeal has made clear.’

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Litigation Futures, 18th December 2019

Source: www.litigationfutures.com

Anna Turley libel trial: Former Labour MP wins £75,000 damages – BBC News

Posted December 20th, 2019 in damages, defamation, internet, news, trade unions by tracey

‘Anna Turley libel trial: Former Labour MP wins £75,000 damages.’

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BBC News, 19th December 2019

Source: www.bbc.co.uk

Case Preview: XX v Whittington Hospital NHS Trust – UKSC Blog

Posted December 17th, 2019 in cancer, damages, hospitals, negligence, news, Supreme Court, surrogacy by tracey

‘Will Lady Hale change her mind, 17 years on? On 16 and 17 December 2019 a panel presided over by Lady Hale will decide whether or not the Court of Appeal were correct last year in not following an earlier judgment of Lady Hale in a 2002 case concerning recovery of damages for the costs of surrogacy.’

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UKSC Blog, 16th December 2019

Source: ukscblog.com

Couple ‘told they couldn’t adopt a white child because of their Indian heritage’ win £120,000 in landmark discrimination case – Daily Telegraph

Posted December 9th, 2019 in adoption, children, damages, equality, families, local government, news, race discrimination by sally

‘A British couple have won nearly £120,000 in damages following a landmark discrimination case after they were told they could not adopt a “white child” because of their Indian heritage.’

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Daily Telegraph, 6th December 2019

Source: www.telegraph.co.uk

Council planning board removes clause from s106 agreement restricting future occupants from bringing claims over noise after receiving advice move was unlawful – Local Government Lawyer

Posted November 28th, 2019 in damages, news, noise, nuisance, planning by sally

‘­­The Planning Board at the Royal Borough of Greenwich has removed a clause from a s106 agreement that was intended to restrict future occupants of a housing development from pursuing claims for nuisance or damages over noise, after receiving legal advice suggesting it was unlawful.’

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Local Government Lawyer, 27th November 2019

Source: www.localgovernmentlawyer.co.uk

No going back – Nearly Legal

Posted November 26th, 2019 in damages, landlord & tenant, news, repossession by tracey

‘Regency (UK) Ltd v (1) Hussein Ali Hadi Albu-Swalin (2) Heartland Property Ltd (2019) QBD (Chamberlain J) 18/11/2019. Regency had let flats to Heartland on the basis that Heartland would sublet to occupiers. Heartland sublet a flat to Mr Albu-Swalin in 2015. Mr A-S reported defects to the condition of the property. Heartland then served a ‘notice to quit’, which was not effective as a s.21, as it did not give two months notice. Mr A-S did not leave. The locks to the flat were then changed, excluding Mr A-S and his son. Most of Mr A-S’ belongings were not recovered.’

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Nearly Legal, 24th November 2019

Source: nearlylegal.co.uk

Patient died after ‘transplant surgeon error’ in Welsh hospital – BBC News

‘A transplant patient died after a surgeon failed to disclose he had spilt stomach contents on organs which went on to be used in NHS operations.’

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BBC News, 21st November 2019

Source: www.bbc.co.uk

Supreme Court to rule on compensation in miner’s claim – Law Society’s Gazette

Posted November 20th, 2019 in damages, industrial injuries, miners, negligence, news, solicitors, Supreme Court by sally

‘The Supreme Court will today hand down its eagerly-awaited ruling on the principle of full compensation as part of a negligence claim against solicitors.’

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Law Society's Gazette, 20th November 2019

Source: www.lawgazette.co.uk

If you go down to the woods today – Nearly Legal

Posted November 18th, 2019 in damages, estoppel, housing, human rights, landlord & tenant, leases, news, rent, repairs, repossession by sally

‘This is a rather odd case concerning possession of a farmhouse in the Forest of Dean. It had been first occupied by the defendant’s mother and step father in 1993. The terms of this were in dispute, but the rent was £155 and the step-father was to undertake repairs and maintenance to the property. The step-father did carry out some repairs, but he moved out in 2002, visiting and leaving some possessions there thereafter. The mother moved out in 2006. Various other family and friends lived at the property in subsequent years. The defendant had rented and bought property of his own, but took on repairs to the farmhouse and regarded it as his family home.’

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Nearly Legal, 17th November 2019

Source: nearlylegal.co.uk

Lloyds shareholders lose legal fight over HBOS takeover – The Guardian

Posted November 18th, 2019 in banking, class actions, damages, disclosure, news, shareholders, takeovers by sally

‘Thousands of shareholders in Lloyds Banking Group have lost a multimillion pound legal battle against the bank over its takeover of HBOS at the height of the global financial crisis.’

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The Guardian, 15th November 2019

Source: www.theguardian.com

Late evidence does not mean automatic protocol exit – Litigation Futures

Posted November 15th, 2019 in appeals, civil procedure rules, costs, damages, employment, evidence, news, pre-action conduct by tracey

‘A circuit judge was wrong to find that an employer’s liability claim automatically exited the pre-action protocol because the defendent challenged the late service of evidence at the stage 3 hearing, the Court of Appeal has ruled.’

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Litigation Futures, 14th November 2019

Source: www.litigationfutures.com