Sienna Miller and Paul Gascoigne ‘fully vindicated’ as damages claims settled – The Independent

Posted December 10th, 2021 in compensation, damages, disclosure, interception, media, news, privacy by michael

‘Sienna Miller and Paul Gascoigne have said they feel “fully vindicated” in bringing claims against the publisher of The Sun over alleged unlawful information gathering, as their cases were formally settled at the High Court.’

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The Independent, 9th December 2021

Source: www.independent.co.uk

Stillborn baby’s parents receive £2.8m from Nottingham hospital trust – BBC News

‘A couple whose child died in the womb after mistakes by maternity staff have received a £2.8m settlement.’

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BBC News, 6th December 2021

Source: www.bbc.co.uk

The future of class actions after Lloyd – Law Society’s Gazette

Posted December 6th, 2021 in appeals, class actions, compensation, damages, data protection, news, Supreme Court by sally

‘On 10 November, the Supreme Court handed down its long-awaited decision in Lloyd v Google LLC [2021] UKSC 50. The court found unanimously for Google, overturning the Court of Appeal. Mr Lloyd’s claim will not now proceed (at least as currently formulated).’

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Law Society's Gazette, 6th December 2021

Source: www.lawgazette.co.uk

Exaggerations and fundamental dishonesty – Local Government Lawyer

‘Adrian Neale considers the question of when a claimant’s exaggeration of injury can be said to be deliberate and dishonest, following a recent appeal brought by a local authority.’

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Local Government Lawyer, 3rd December 2021

Source: www.localgovernmentlawyer.co.uk

Jeremy Corbyn secures apology, damages from councillor over tweet – Local Government Lawyer

‘Former Labour party leader Jeremy Corbyn has accepted an apology and substantial damages from a councillor who published a fake picture of him appearing to endorse the Liverpool terrorist attack.’

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Local Government Lawyer, 25th November 2021

Source: www.localgovernmentlawyer.co.uk

Court puts squeeze on orange juice cartel damages claims – OUT-LAW.com

‘A Brazilian company accused of being involved in an illegal cartel will not have to face mass damages claims in the UK after the High Court in London ruled that it does not have jurisdiction to consider the case.’

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OUT-LAW.com, 19th November 2021

Source: www.pinsentmasons.com

Law firm ordered to pay £1,000 for employee’s “racist” comment – Legal Futures

‘A law firm employee has been awarded damages of £1,000 after a colleague targeted him with a discriminatory comment based on his Pakistani heritage.

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Legal Futures, 22nd November 2021

Source: www.legalfutures.co.uk

Drunkenness no basis for avoiding contributory negligence, Court of Appeal rules – Law Society’s Gazette

‘The drunkenness of a passenger seeking damages for injuries sustained in a car crash ‘will not avoid a finding of contributory negligence’ where the claimant should have appreciated that the driver was too drunk to drive safely, the Court of Appeal has ruled.’

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Law Society's Gazette, 16th November 2021

Source: www.lawgazette.co.uk

“Abusive” to bring minor data breach claim in High Court – Legal Futures

‘A master has labelled as “a form of procedural abuse” a bid to bring a data breach claim in the High Court where the “very modest” damages would be dwarfed by costs of £50,000.’

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Legal Futures, 17th November 2021

Source: www.legalfutures.co.uk

QC criticises NHS Resolution for “unacceptable” delay in settling huge claim – Legal Futures

Posted November 17th, 2021 in barristers, compensation, damages, delay, hospitals, negligence, news, personal injuries by sally

‘A leading QC has criticised NHS Resolution for “unacceptable” delays in settling one of the largest ever settlements in a clinical negligence case.’

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Legal Futures, 16th November 2021

Source: www.legalfutures.co.uk

The LADs are Alright – Local Government Lawyer

‘Laura Campbell discusses liquidated damages in construction contracts, focussing upon the long-running Triple Point saga which ended in the Supreme Court this year.’

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Local Government Lawyer, 12th November 2021

Source: www.localgovernmentlawyer.co.uk

Castello v Gonschior: The Importance of Choosing the Right Discipline of Expert in Clinical Negligence Claims and the Limitations of Res Ipsa Loquitur – Ropewalk Clinical Negligence Blog

‘In Castello v Gonschior [2021] EWHC 2742 (QB), Lambert J provides an important reminder of the importance of choosing the right experts and an example of the relevance, or lack of relevance, of complaints by other patients, and the evidential principles of “res ipsa loquitur” and Keefe v The Isle of Man Steam Packet Co Ltd [2010] EWCA Civ 683 (“Keefe”) in clinical negligence claims.’

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Ropewalk Clinical Negligence Blog, 11th November 2021

Source: www.ropewalk.co.uk

Alder Hey NHS Trust must pay boy £27m over brain injuries – BBC News

Posted November 12th, 2021 in children, compensation, damages, families, hospitals, negligence, news, personal injuries by tracey

‘A boy who suffered “catastrophic brain injuries” when doctors failed to see he had a virus and sent him home after he had a seizure has been awarded £27m.’

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BBC News, 11th November 2021

Source: www.bbc.co.uk

Top UK court blocks legal action against Google over internet tracking – The Guardian

‘A £3bn legal action against Google over claims it secretly tracked the internet activity of millions of iPhone users has been blocked by the UK supreme court.’

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The Guardian, 10th November 2021

Source: www.theguardian.com

Solicitor sacked over order to move offices wins tribunal claim – Legal Futures

‘A solicitor has won her claim for wrongful dismissal after being sacked by a law firm for pushing back against a direction to relocate with immediate effect to another office.’

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Legal Futures, 9th November 2021

Source: www.legalfutures.co.uk

Limitation in Clinical Negligence Claims – Ropewalk Clinical Negligence Blog

‘Civil practitioners dealing with personal injury claims are generally familiar with the three-year limitation period imposed by section 11 of the Limitation Act 1980. Put simply, claims for personal injury (whether arising from negligence, nuisance or breach of duty) must be brought within three years of the date on which the cause of action accrued (section 11(4)(a)) or the date of knowledge (if later) of the person injured (section 11(4)(b)). A person’s “date of knowledge” for the purposes of section 11(4)(b) is defined in section 14 of the Limitation Act 1980.’

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Ropewalk Clinical Negligence Blog, 2nd November 2021

Source: www.ropewalk.co.uk

Solicitor struck off for misleading client about settlement – Legal Futures

“An experienced solicitor who worked at Slater & Gordon has been struck off after telling a personal injury client that her case was ongoing when it had actually settled and using some of the money to pay other clients damages they were not entitled to.”

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Legal Futures, 4th November 2021

Source: www.legalfutures.co.uk

“Triple Point Technology Inc v PTT Public Company Limited [2021] UKSC 29” – Atkin Chambers

Posted November 4th, 2021 in contracts, damages, delay, negligence, news, Supreme Court by sally

‘The United Kingdom Supreme Court, allowing an appeal by PTT from the Court of Appeal, has clarified the relevant principles of English law relating to the construction of clauses providing for the payment of liquidated damages for delay. The Supreme Court has confirmed that, unless clear words in the contract provide otherwise, liquidated damages for delay will be an accrued right which is recoverable where the contract is terminated either under its terms or at law for repudiation.’

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Atkin Chambers, 6th October 2021

Source: www.atkinchambers.com

Does Qualified One-way Costs Shifting (“QOCS”) constrain a defendant’s liberty to seek, or the court’s discretionary power to permit, a set-off between opposing costs orders? – Lamb Chambers

‘QOCS applies to most personal injury (“PI”) claims. It usually limits the ability of a successful defendant to recover its costs against an unsuccessful claimant.’

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Lamb Chambers, October 2021

Source: www.lambchambers.co.uk

Court allows part of negligence claim against firm to go to trial – Legal Futures

‘A law firm now part of consolidator Metamorph Law has been only partially successful in striking out a claim over how it advised a client on his clinical negligence case.’

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Legal Futures, 1st November 2021

Source: www.legalfutures.co.uk