Category: damages

Damages of £143,000 for unlawful deprivation of liberty of incapacitous care home resident upheld – Garden Court Chambers

Posted March 11th, 2021 in care homes, chambers articles, Court of Protection, damages, deprivation of liberty safeguards, local government, news by sally

‘The comparators for damages for unlawful deprivation of liberty of persons lacking mental capacity are few. In Essex County Council v RF & others [2015] EWCOP 1, DJ Mort made a distinction between procedural and substantive breaches and where he found the local authority ‘totally inadequate and their failings significant’, assessed monthly damages between £3000 – £4000 over a period of at least 13 months. In the case of Emile, DJ Beckley awarded damages against the London Borough of Haringey for a period of almost 8 years’ unlawful deprivation of liberty in the sum of £143,000.00. The local authority was granted permission, out of time, to appeal. The decision of HHJ Saggerson was handed down on 18 December 2020.’

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Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

The New SCT RTA Protocol & Whiplash Regulations – 12 King’s Bench Walk

Posted March 10th, 2021 in accidents, chambers articles, civil procedure rules, damages, news, personal injuries, road traffic by sally

‘Details of the new SCT RTA Protocol[1] (“the Protocol”) which sits alongside the new whiplash tariff, as set out in The Whiplash Injury Regulations 2021 (“the Whiplash Regulations”) were announced at the end of February. They will come into force, alongside the accompanying changes to the Civil Procedure Rules, on 31 May 2021.’

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12 King's Bench Walk, 3rd March 2021

Source: www.12kbw.co.uk

Litigation funding agreements are not DBAs, Court of Appeal judges confirm – Litigation Futures

Posted March 8th, 2021 in appeals, class actions, compensation, competition, damages, news, statutory interpretation, Supreme Court, third parties by tracey

‘Agreements with third-party litigation funders are not damages-based agreements (DBAs), three Court of Appeal judges – albeit sitting in the Divisional Court – have decided.’

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Litigation Futures, 8th March 2021

Source: www.litigationfutures.com

Barristers lose £6.9m fees appeal over unenforceable DBA – Law Society’s Gazette

Posted March 5th, 2021 in appeals, arbitration, barristers, damages, fees, news by tracey

‘Two barristers working on a damages-based agreement have failed in their court bid to recoup almost £7m in legal fees.’

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Law Society's Gazette, 5th March 2021

Source: www.lawgazette.co.uk

‘Not a mini-trial’: Supreme Court explains the correct approach in jurisdiction challenges – Littleton Chambers

Posted March 5th, 2021 in appeals, chambers articles, class actions, compensation, damages, duty of care, environmental health, environmental protection, jurisdiction, news, pollution, Supreme Court by sally

‘In The Spiliada [1987] AC 460, 465 Lord Templeman hoped that in jurisdiction disputes, “the judge will be allowed to study the evidence and refresh his memory of [the legal principles] in the quiet of his room without expense to the parties; that he will not be referred to other decisions on other facts; and that submissions will be measured in hours and not days.”‘

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Littleton Chambers, 3rd March 2021

Source: littletonchambers.com

A lesson in how not to write a Pre-Action Protocol (or change the CPR more generally) – No. 5 Chambers

Posted March 5th, 2021 in accidents, chambers articles, civil procedure rules, compensation, damages, news, personal injuries, pre-action conduct, small claims by sally

‘If you are unlucky enough to have a car crash after 31 May 2021 and suffer whiplash injuries, you will face a very different approach to the valuation of and means of obtaining your damages. The new tariff regulations – The Whiplash Injury Regulations 2021 – will reduce general damages significantly, from the potential £4,080 for a 12-month whiplash injury under the Judicial College Guidelines to a fixed £1,320 under the tariff scheme.’

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No. 5 Chambers, 1st March 2021

Source: www.no5.com

Cauda Equina Syndrome and Referrals for Investigations: High Court Rejects Claim for Delayed Scan – Ropewalk Clinical Negligence Blog

Posted March 5th, 2021 in accidents, chambers articles, compensation, damages, expert witnesses, hospitals, negligence, news, personal injuries by sally

‘In Jarman v Brighton and Sussex University Hospitals NHS Trust [2021] EWHC 323 (QB), the Claimant brought a claim against the Defendant hospital for failing to promptly diagnose Cauda Equina Syndrome (“CES”).’

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Ropewalk Clinical Negligence Blog, 25th February 2021

Source: www.ropewalk.co.uk

Senior solicitor wins libel claim over misconduct allegations – Legal Futures

Posted March 3rd, 2021 in damages, defamation, news, professional conduct, solicitors by sally

‘A senior solicitor at the Environment Agency has won his libel action against the owners of a garden centre business who accused him of professional misconduct in prosecuting one of them.’

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Legal Futures, 3rd March 2021

Source: www.legalfutures.co.uk

Government reveals long-awaited whiplash rules and tariffs – Law Society’s Gazette

Posted February 26th, 2021 in accidents, civil procedure rules, damages, government departments, limitations, news, personal injuries, road traffic by tracey

‘The government has confirmed that legislation paving the way for whiplash reforms will come into force from 31 May. Newly-published draft statutory instruments have also finally indicated the tariff levels at which damages will be set for soft tissue injuries suffered in road traffic accidents.’

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Law Society's Gazette, 26th February 2021

Source: www.lawgazette.co.uk

Rape social media posts: How speaking out got twin sisters sued – BBC News

Posted February 24th, 2021 in anonymity, damages, defamation, disclosure, Ministry of Justice, news, rape, sexual offences, victims by sally

‘Two sisters say they’ve been silenced by the man they reported for sexual assault after he sued them for talking about what happened.’

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BBC News, 24th February 2021

Source: www.bbc.co.uk

High Court strikes out bid by councils to rescind loans from Barclays following ‘LIBOR’ rigging affair – Local Government Lawyer

Posted February 24th, 2021 in banking, damages, fraud, loans, local government, misrepresentation, news, striking out by sally

‘A High Court judge has struck out claims brought by seven councils and the Greater Manchester Combined Authority for rescission of certain loans with Barclays which they said were affected by the LIBOR rigging affair of 2012.’

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Local Government Lawyer, 23rd February 2021

Source: www.localgovernmentlawyer.co.uk

No interest on general damages in police actions – UK Police Law Blog

Posted February 23rd, 2021 in damages, interest, news, police by tracey

‘The Court of Appeal has reiterated, in Rees v Commissioner of Police of the Metropolis [2021] EWCA Civ 49, that since non-pecuniary damages in civil claims against the police. e.g. for loss of liberty, or distress and inconvenience, are generally assessed by reference to all matters leading up to the judgment, there will usually be no need for an additional award of interest. A substantial award of exemplary damages – £150,000, split between three claimants, was upheld on the basis that the case had involved an egregious prosecution set in motion by an officer of very senior rank (a Detective Chief Superintendent).’

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UK Police Law Blog, 22nd February 2021

Source: ukpolicelawblog.com

Judge rejects use of frozen assets for legal expenses – OUT-LAW.com

Posted February 19th, 2021 in assets recovery, chambers articles, damages, enforcement notices, fraud, judgments, news by tracey

‘A recent ruling by the High Court in London has highlighted the benefits to businesses of using freezing orders to protect and recover assets, as well as the willingness of the courts in England and Wales to support the enforcement of judgments, experts in civil fraud and asset recovery have said.’

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OUT-LAW.com, 19th February 2021

Source: www.pinsentmasons.com

Okpabi & others v Royal Dutch Shell Plc and another – Blackstone Chambers

Posted February 18th, 2021 in civil procedure rules, class actions, damages, duty of care, environmental health, environmental protection, negligence, news, personal injuries, proportionality, subsidiary companies by sally

‘The Supreme Court has given judgment in a high-profile appeal which raises important issues regarding the proper approach to jurisdictional challenges and the potential liability of parent companies in respect of damage caused by their subsidiaries.’

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Blackstone Chambers, 12th February 2021

Source: www.blackstonechambers.com

New Judgment: Okpabi & Ors v Royal Dutch Shell Plc & Anor [2021] UKSC 3 – UKSC Blog

Posted February 15th, 2021 in appeals, civil procedure rules, class actions, damages, duty of care, environmental health, environmental protection, health, jurisdiction, negligence, news, personal injuries, proportionality by sally

‘Royal Dutch Shell Plc (‘RDS’) is the parent company of the Shell group of companies, incorporated in the UK. The Shell Petroleum Company of Nigeria Limited (‘SPDC’, the other Respondent) is an exploration and production company incorporated in Nigeria and is a subsidiary of RDS.’

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UKSC Blog, 12th February 2021

Source: ukscblog.com

Law firm ordered to pay £1m for registration error – Legal Futures

Posted February 15th, 2021 in appeals, consent, damages, housing, inheritance tax, land registration, law firms, negligence, news, trusts by sally

‘The High Court has ordered a defunct Manchester law firm which failed to register a restriction against a house at the Land Registry to pay over £985,000 in damages for professional negligence.’

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Legal Futures, 15th February 2021

Source: www.legalfutures.co.uk

Markle judgment warns against ‘Micawber’ tactics – Law Society’s Gazette

Posted February 15th, 2021 in civil procedure rules, copyright, damages, data protection, media, news, privacy, public interest by sally

‘The High Court has sounded a new warning about “Micawber tactics” in a summary judgment in the high-profile action brought by the Duchess of Sussex (Meghan Markle) against the Mail newspaper. Lord Justice Warby, sitting as a judge in the Chancery Division, found that the duchess had a reasonable expectation of privacy when she wrote a personal letter to her father, even though she feared it might be leaked to the press.’

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Law Society's Gazette, 12th February 2021

Source: www.lawgazette.co.uk

Meghan wins privacy case against Mail on Sunday – The Guardian

Posted February 12th, 2021 in copyright, damages, data protection, media, news, privacy, royal family by tracey

‘The Duchess of Sussex has won her high court privacy case against the Mail on Sunday, hailing her victory as a “comprehensive win” over the newspaper’s “illegal and dehumanising practices”.’

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The Guardian, 11th February 2021

Source: www.theguardian.com

Tribunal reduces damages awarded against sweary senior partner – Legal Futures

Posted February 11th, 2021 in damages, employment tribunals, harassment, law firms, news, paralegals by sally

‘An employment tribunal ordered to reconsider the damages it awarded to a paralegal subjected to foul-mouthed tirades by the senior partner of a London law firm has reduced them by 20%.’

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Legal Futures, 11th February 2021

Source: www.legalfutures.co.uk

Man to pay £25,000 damages over negative TrustPilot review – BBC News

Posted February 10th, 2021 in complaints, damages, defamation, internet, law firms, news by sally

‘A man who left a negative review of a legal firm on the TrustPilot website has been ordered to pay £25,000 ($34,000) in libel damages.’

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BBC News, 9th February 2021

Source: www.bbc.co.uk