‘A father who was tasered by police in front of his five-year-old son is suing for damages, his lawyers have confirmed.’
The Independent, 26th June 2021
Source: www.independent.co.uk
‘In Khan v. Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in “wrongful birth” claims: claims for the cost of bringing up a disabled child who would not have been born but for a doctor’s negligent medical advice/treatment. However, the judgment has implications beyond the world of clinical negligence litigation. The Supreme Court has taken the opportunity to clarify the components or ingredients of the tort negligence more generally. In particular, the Court has affirmed the importance of the “scope of duty” principle: a principle which limits the recoverability of damages wherever it applies. In particular, it is not sufficient for a claimant to establish that – with competent advice – they would have made a different decision about their treatment or care. They must also demonstrate that the particular harm that they have suffered fell within the scope of the defendant’s duty of care.’
UK Human Rights Blog, 24th June 2021
Source: ukhumanrightsblog.com
‘A black NHS worker who was shot with a stun gun seven times in front of his child by Greater Manchester police officers is to push ahead with a damages claim against the force, lawyers have said.’
The Guardian, 24th June 2021
Source: www.theguardian.com
‘A High Court judge has found that the county court was entitled to order costs in favour of a claimant who secured nominal damages of £10 at trial.’
Law Society's Gazette, 21st June 2021
Source: www.lawgazette.co.uk
‘The High Court has upheld a decision that a party that made a part 36 offer of £1 and received nominal damages of £10 was entitled to the usual costs consequences of beating their offer.’
Litigation Futures, 21st June 2021
Source: www.litigationfutures.com
‘The Supreme Court has backed a building society’s claim against its former auditor, in a ruling that provides a “more generous” test for the duty of care owed by professional advisers.’
Law Society's Gazette, 18th June 2021
Source: www.lawgazette.co.uk
‘Actor Jamie King has lost a High Court bid against an NHS trust after claiming he lost work, including a role in the film Dunkirk, after his son died.’
BBC News, 17th June 2021
Source: www.bbc.co.uk
‘Defendant solicitors have welcomed a ruling that medical agency costs are irrecoverable under the fixed-costs regime.’
Litigation Futures, 17th June 2021
Source: www.litigationfutures.com
‘Beware the pitfalls of bringing a claim at the last possible opportunity, and the prohibition against pleading new causes of action in the Reply to Defence … Martlett Homes Limited v. Mulalley & Co. Limited [2021] EWHC 296 (TCC).’
Mills & Reeve, 8th June 2021
Source: www.mills-reeve.com
‘Delays in cases going through the civil court continued to rise in the first quarter of 2021, throwing a potentially huge spanner in the works of the whiplash reforms which came into force last week.’
Litigation Futures, 7th June 2021
Source: www.litigationfutures.com
‘Preparing and sending contractual notices always makes me nervous. There are so many things to get wrong: is it in time, where should I send it, who to, how should I send it? Not to mention the actual content of the notice. For those of you like me, the recent case of Transport for Greater Manchester v Kier Construction Ltd shows that we are right to worry about these things. Notices are important, and getting them wrong has serious consequences.’
Practical Law: Construction Blog, 2nd June 2021
‘Two police forces have agreed to pay damages to more than 600 people after a cover-up following the Hillsborough disaster, lawyers have said. The South Yorkshire and West Midlands forces agreed the settlement following a civil claim for misfeasance in a public office on behalf of 601 claimants, solicitors representing the victims said.’
The Independent, 5th June 2021
Source: www.independent.co.uk
‘The Home Office’s decision to house cross-channel migrants in a “squalid” barracks in Folkestone was unlawful, the High Court has ruled.’
BBC News, 3rd June 2021
Source: www.bbc.co.uk
‘A litigant in a building dispute who claimed £3.7m in damages – only to be awarded just £2,000 at trial – has been hit with a costs bill of at least £500,000.’
Law Society's Gazette, 2nd June 2021
Source: www.lawgazette.co.uk
‘The rise in concussion lawsuits threatens the financial viability of some sports, the sports minister has said. Speaking to the digital, culture, media and sport select committee, Nigel Huddleston also suggested some sports would have to adapt their rules to make them safer to avoid more lawsuits in the future.’
The Guardian, 25th May 2021
Source: www.theguardian.com
‘In Zuberi v Lexlaw Ltd [2021] EWCA Civ 16, the Court of Appeal has provided important guidance on the nature of damages-based agreements (DBAs). By way of reminder, a DBA is a funding arrangement between a lawyer and a client whereby the lawyer’s fees are dependent upon the success of the case and are determined as a percentage of the damages received by the client. Under a DBA, a lawyer may not recover costs more than the total amount chargeable to the client under the DBA, and will not receive anything in the event that the case is unsuccessful. It should be noted that regulation 4(1) of the Damages-Based Agreements Regulations 2013 does not permit legal representatives to charge costs and expenses if the client terminates the retainer, whereas regulation 8 (which applies only to employment matters) does. This apparent conflict was considered in Zuberi.’
Law Society's Gazette, 17th May 2021
Source: www.lawgazette.co.uk
A ‘significant development’ in litigation requiring a budget to be revised need not be a specific event at a specific time, a Queen’s Bench master has ruled.
Litigation Futures, 14th May 2021
Source: www.litigationfutures.com
‘In claims concerning a child or a protected party, acceptance of a Part 36 offer is subject to the approval process under Part 21. Consequently, the accepted Part 36 offer is not deemed binding until the court approves the same. What would happen if the offeror wishes to withdraw the Part 36 offer during the period between acceptance and approval due to a material change in circumstances such as the death of a protected party?’
St Philips Barristers, 13th May 2021
Source: st-philips.com
‘The family of a teenager who died after unwittingly eating food he was allergic to at a Byron Burger restaurant say they do not feel properly compensated.’
BBC News, 6th May 2021
Source: www.bbc.co.uk
‘A client who retained shares as part of a settlement but did not recover anything from the other party was not liable to pay his solicitors anything under a damages-based agreement (DBA), the High Court has ruled.’
Litigation Futures, 4th May 2021
Source: www.litigationfutures.com
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