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

Solicitors lose appeal over £2m invoice charged through DBA – Law Society’s Gazette

Posted May 13th, 2022 in appeals, costs, damages, insolvency, law firms, news, solicitors by tracey

‘The Court of Appeal has dismissed an attempt by solicitors to secure a £2m payment from an insolvent client for work carried out on a damages based agreement.’

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Law Society's Gazette, 12th May 2022

Source: www.lawgazette.co.uk

‘It strips your humanity’: Civil servant wins six-figure sum over ‘insidious’ Ministry of Justice racism – The Independent

‘A former civil servant received a six-figure pay-out from the government over discrimination after she says was subjected to “insidious” racism during a 20-year battle with the Ministry of Justice.’

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The Independent, 8th May 2022

Source: www.independent.co.uk

No retainer between law firm and businessman in £2.5m dispute – Legal Futures

Posted May 6th, 2022 in damages, law firms, loss of chance, news by tracey

‘There was no express or implied retainer between a Buckinghamshire law firm and a businessman with a “colourful commercial career” suing it for £2.5m in damages, the High Court has ruled.’

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Legal Futures, 6th May 2022

Source: www.legalfutures.co.uk

Data breach litigation — more useful High Court guidance – Local Government Lawyer

Posted May 6th, 2022 in damages, data protection, local government, news by tracey

‘The High Court has provided further guidance on two important issues in data breach claims, writes Peter Wake.’

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Local Government Lawyer, 6th May 2022

Source: www.localgovernmentlawyer.co.uk

Acoustic shock claim back on after ‘fundamental error’ – Law Society’s Gazette

‘The Court of Appeal has revived an acoustic shock claim after a finding that the defendant’s evidence was incorrect and the judge was considering the wrong issue.’

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Law Society's Gazette, 5th May 2022

Source: www.lawgazette.co.uk

Judicial College Guidelines updated – Law Society’s Gazette

Posted May 5th, 2022 in damages, news, personal injuries by sally

‘On 11 April, the Judicial College published the 16th edition of its guidelines to the assessment of general damages in personal injury cases. The previous edition was published in November 2019. These guidelines were first published in 1992 and provide a critical tool for practitioners and the courts. They rely heavily on reported decisions, covering categories as diverse as injuries caused by death, chronic pain, dermatitis and other skin conditions. The higher awards are to be found in chapters 2 and 3, tetraplegia and head injury, where the ranges in the top bracket are £324,600 to £403,990 and £282,010 to £403,990 respectively. Total blindness and deafness attracts an award in the region of £403,990, while minor injuries “where there is a complete recovery within seven days” are valued at “a few hundred pounds to £690”.’

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Law Society's Gazette, 4May 2022

Source: www.lawgazette.co.uk

Judge throws cold water on “insignificant” data breach claims – Legal Futures

Posted May 3rd, 2022 in birth, damages, data protection, misuse of private information, news by sally

‘The burgeoning field of data breach claims has taken a blow with a High Court judge saying the disclosure of a person’s name, gender and date of birth is not serious enough.’

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Legal Futures, 3rd May 2022

Source: www.legalfutures.co.uk

Actor Ricky Tomlinson opposing bid to have ‘hacking’ claim thrown out of court – The Independent

‘Actor Ricky Tomlinson has described an attempt by a newspaper publisher to have his claim against it over unlawful information gathering thrown out of court as “outrageous and disgusting”.’

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The Independent, 28th April 2022

Source: www.independent.co.uk

Former Lib Dem MP and campaigner formally settles phone hacking claim – The Independent

‘Dr Evan Harris accepted “substantial damages” from NGN, publisher of the now-defunct News of the World and The Sun, to settle his claim for unlawful information gathering.’

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The Independent, 28th April 2022

Source: www.independent.co.uk

County council defends High Court claim brought after driver killed by falling tree – Local Government Lawyer

‘Hampshire County Council was not in breach of its duty, nor was it negligent when a tree fell onto a road killing a father of three, the High Court has ruled.’

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Local Government Lawyer, 29th April 2022

Source: www.localgovernmentlawyer.co.uk