Tribunal approves first post-PACCAR litigation funding agreement – Legal Futures

Posted November 24th, 2023 in appeals, class actions, competition, damages, news by tracey

‘The Competition Appeal Tribunal (CAT) has approved a litigation funding agreement (LFA) that was amended to take account of the Supreme Court ruling in PACCAR.’

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Legal Futures, 24th November 2023

Source: www.legalfutures.co.uk

Shell to face human rights claims in UK over chronic oil pollution in Niger delta – The Guardian

Posted November 24th, 2023 in damages, energy, environmental health, human rights, news, pollution by tracey

‘Thousands of Nigerian villagers can bring human rights claims against the fossil fuel company Shell over the chronic oil pollution of their water sources and destruction of their way of life, the high court in London has ruled.’

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The Guardian, 23rd November 2023

Source: www.theguardian.com

How Smith v Finch has been run over by a Boris bike – Gatehouse Chambers

‘Cycle helmets are likely to remain a bone of contention between PI litigants for years to come. At least, as far as social cycling is concerned. Different considerations apply to competitive and organized cycling events.’

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Gatehouse Chambers, 20th October 2023

Source: gatehouselaw.co.uk

Tales from the County Courts – housing conditions quantum, proof of notice of defects, and section 21 and gas safety certificates again – Nearly Legal

Three county court cases – all first instance judgments and non-binding, but each of interest, including the first two fitness for human habitation decisions that have come our way and a complicating decision on gas safety certificates and section 21 notices.

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Nearly Legal, 19th November 2023

Source: nearlylegal.co.uk

High court to consider whether universities owe students legal duty of care – The Guardian

‘The high court is to consider for the first time whether universities owe a legal duty of care to their students, which campaigners argue would save lives and bring England and Wales in line with other countries.’

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The Guardian, 20th November 2023

Source: www.theguardian.com

High Court gives judgment in Koetsier v Thomas and LJP Owen Limited t/a Nolton Stables – Old Square Chambers

Posted November 16th, 2023 in animals, chambers articles, damages, negligence, news, personal injuries by sally

‘On 10 October 2023, the High Court gave judgment dismissing the Claimant’s claims in negligence and pursuant to section 2(2) Animals Act 1971 in circumstances where a horse reacted to the presence of a dog causing the Claimant to fall and suffer severe spinal cord injury.’

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Old Square Chambers, 20th October 2023

Source: oldsquare.co.uk

UK appeal court dismisses £1.3m award over share purchase agreement wording – OUT-LAW.com

Posted November 15th, 2023 in appeals, damages, drafting, interpretation, news, shareholders by sally

‘A Court of Appeal ruling that overturned a £1.31 million damages award for breach of a share purchase agreement (SPA) demonstrates the importance of careful interpretation of SPA drafting in order to correctly notify and plead breach of warranty claims, according to one legal expert.’

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OUT-LAW.com, 14th November 2023

Source: www.pinsentmasons.com

Explaining Churchill v Merthyr Tydfil County – Local Government Lawyer

Posted November 13th, 2023 in appeals, damages, housing, local government, news, nuisance by tracey

‘Elizabeth England, of Five Paper Chambers, runs through the key points of the latest Court of Appeal Japanese Knotweed case.’

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Local Government Lawyer, 10th November 2023

Source: www.localgovernmentlawyer.co.uk

News focus: Media Bill fails to address SLAPPs – Law Society’s Gazette

Posted November 13th, 2023 in bills, damages, defamation, freedom of information, media, news, public interest by tracey

‘While the king’s speech pledged “legislation to protect public interest journalism”, a new Media Bill fails to address SLAPPs. This has sparked renewed calls to extend corrective measures beyond economic crime.’

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Law Society's Gazette, 10th November 2023

Source: www.lawgazette.co.uk

Court of Appeal to conclude hearing on compulsory ADR – Legal Futures

Posted November 10th, 2023 in appeals, damages, dispute resolution, housing, local government, news, nuisance by tracey

‘The Court of Appeal will today conclude a three-day hearing on whether the courts can stay proceedings and require parties to engage in ADR as a condition of being able to continue their claims.’

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Legal Futures, 10th November 2023

Source: www.legalfutures.co.uk

AstraZeneca faces legal challenge over Covid vaccine – BBC News

Posted November 10th, 2023 in consumer protection, coronavirus, damages, news, personal injuries, vaccination by tracey

‘AstraZeneca is facing legal action over its Covid vaccine, by a man who suffered severe brain injury after having the jab in April 2021.’

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BBC News, 9th November 2023

Source: www.bbc.co.uk

Lancashire teacher wins £800k over cancer discrimination – BBC News

‘An early years specialist who was told to reapply for her job while being treated for cancer before being sacked has been awarded an £800,000 pay-out.’

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BBC News, 7th November 2023

Source: www.bbc.co.uk

Rebecca Kalam: Officer ‘vindicated’ after sex discrimination win – BBC News

‘A firearms officer awarded £30,000 after she was stripped down to her underwear during a training exercise said she felt “vindicated” by the decision.’

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BBC News, 8th November 2023

Source: www.bbc.co.uk

Company fails in latest round of dispute with its litigation funders – Legal Futures

Posted November 6th, 2023 in damages, dispute resolution, news by tracey

‘A company in dispute with its litigation funders has failed in its bid to fortify their cross-undertakings in damages after arguing it wanted to use the contested funds to back litigation itself.’

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Legal Futures, 6th November 2023

Source: www.legalfutures.co.uk

IBA 2023: Bar chair floats ‘ingenious’ plan to curb SLAPPs – Law Society’s Gazette

Posted November 3rd, 2023 in barristers, damages, disclosure, freedom of expression, injunctions, news by tracey

‘The chair of the Bar Council today proposed what eminent media lawyer Mark Stephens CBE hailed as an “ingenious” new deterrent to strategic litigation against public participation (SLAPPs).’

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Law Society's Gazette, 2nd November 2023

Source: www.lawgazette.co.uk

Andy McDonald sues Tory MP who accused him of ‘seeking to justify’ Hamas atrocity – The Guardian

Posted November 3rd, 2023 in damages, defamation, Israel, news, political parties, war by tracey

‘A suspended Labour MP is suing the Conservative MP Chris Clarkson, who accused him of “seeking to justify the murderous actions of Hamas” in the Israel-Hamas conflict.’

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The Guardian, 3rd November 2023

Source: www.theguardian.com

Abused care home resident secures ‘landmark’ settlement of legal claim – The Independent

‘A vulnerable former care home resident has secured the High Court’s approval of a “landmark” settlement of his legal claim over the abuse he suffered at the hands of staff.’

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The Independent, 1st November 2023

Source: www.independent.co.uk

Speech by Mr Justice Foxton: The Beatles and the Law – Courts and Tribunals Judiciary

Posted October 30th, 2023 in artistic works, contracts, copyright, damages, intellectual property, news by tracey

‘A Talk to the Liverpool Business and Property Courts Forum, The Brett Lecture Theatre, Yoko Ono Lennon Centre, University of Liverpool.’

Full speech

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Courts and Tribunals Judiciary, 24th October 2023

Source: www.judiciary.uk

English court issues reminder of burden of proof in product liability cases – OUT-LAW.com

Posted October 27th, 2023 in appeals, burden of proof, causation, damages, news by sally

‘The English Court of Appeal has reminded claimants that, where there are competing explanations for causation in an action for damages, it is for them to prove their case on the balance of probabilities.’

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OUT-LAW.com, 26th October 2023

Source: www.pinsentmasons.com

First post-PACCAR bid to invalidate litigation funding agreement fails – Legal Futures

Posted October 23rd, 2023 in arbitration, damages, law firms, news, Supreme Court by tracey

‘The High Court has rejected the first bid to use the Supreme Court’s PACCAR ruling by a company looking to invalidate a litigation funding agreement (LFA) it had signed up to.’

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Legal Futures, 23rd October 2023

Source: www.legalfutures.co.uk