Category: damages

Sevilleja v Marex: Reflective Loss Restated – 4 New Square

Posted July 30th, 2020 in causation, company law, damages, insolvency, news, shareholders, Supreme Court by sally

‘The Supreme Court’s decision in Sevilleja v. Marex Financial Ltd, 15 July 2020, fundamentally restates the doctrine of reflective loss in company law so that:

A claim by a company’s creditor against a third party will not be barred where it reflects loss suffered by the company, even if the creditor is also a shareholder; and
There is no longer an exception to the doctrine where the wrongdoer has brought about the company’s impecuniosity.’

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4 New Square, 17th July 2020

Source: www.4newsquare.com

Misuse of Private Information: A Tort in its Infancy – Pump Court Chambers

Posted July 30th, 2020 in damages, data protection, misuse of private information, news, privacy, vicarious liability by sally

‘There has been an avalanche of commentary on the recent decision of the Supreme Court in WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12. The case has provided some welcome guidance on vicarious liability in the wake of the earlier decision of Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11, and also represents the first class action of its kind in the UK.’

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Pump Court Chambers, 23rd July 2020

Source: www.pumpcourtchambers.com

Depp libel trial reveals problems of proof in domestic violence cases – The Guardian

Posted July 29th, 2020 in compensation, cross-examination, damages, defamation, domestic violence, evidence, injunctions, media, news, standard of proof by tracey

‘Despite being a libel case, Depp v News Group Newspapers Ltd & Another felt more like a criminal trial at the Old Bailey, or a domestic violence hearing in the family courts.’

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The Guardian, 28th July 2020

Source: www.theguardian.com

Andrew Bunting -v- Zurich Insurance Plc [2020] EWHC 1807 (QB): Case Comment – 12 King’s Bench Walk

Posted July 28th, 2020 in accidents, damages, deposits, insurance, news, road traffic by sally

‘Bunting -v- Zurich is an important appeal decision of Pepperall J in the High Court sitting at Birmingham which will likely have a significant impact on the credit hire industry. The decision provides helpful guidance on the merits of the various arguments raised in relation to perceived inadequacies of basic hire rates. This case comment considers the appeal and looks at how County Courts have been responding to the judgment.’

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12 King's Bench Walk, 24th July 2020

Source: www.12kbw.co.uk

New high for NHS claims settling before proceedings – Litigation Futures

Posted July 22nd, 2020 in compensation, damages, dispute resolution, hospitals, indemnities, negligence, news, statistics by sally

‘The percentage of clinical claims against the NHS being resolved before issue has continued to climb to new levels, although claimant legal costs have also increased over the past year.’

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Litigation Futures, 21st July 2020

Source: www.litigationfutures.com

Asylum seeker to sue Home Office after falling ill with Covid-19 – The Guardian

Posted July 22nd, 2020 in asylum, compensation, coronavirus, damages, government departments, health & safety, immigration, news by sally

‘An asylum seeker who became infected with Covid-19 after an outbreak in his accommodation – despite assurances from the Home Office that he would not be at risk from the virus there – is taking legal action against the government.’

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The Guardian, 21st July 2020

Source: www.theguardian.com

Asbestos victims fail again in bid to access case papers – Litigation Futures

Posted July 17th, 2020 in appeals, asbestos, damages, disclosure, documents, negligence, news, Supreme Court, third parties by sally

‘The group whose bid to access a bundle from litigation involving an asbestos manufacturer led to a Supreme Court ruling on open justice has failed in its application for the documents.’

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Litigation Futures, 16th July 2020

Source: www.litigationfutures.com

Court rules client must pay firm after terminating DBA early – Law Society’s Gazette

Posted July 14th, 2020 in damages, enforcement, news, solicitors by tracey

‘Lawyers working on a damages-based agreement are entitled to be paid when the client has terminated early, the High Court has ruled.’

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Law Society's Gazette, 13th July 2020

Source: www.lawgazette.co.uk

High Court upholds lawyer’s entitlement to costs on DBA termination – Litigation Futures

Posted July 13th, 2020 in costs, damages, fees, law firms, news, solicitors by sally

‘A damages-based agreement (DBA) was not unenforceable because it obliged the client to pay incurred costs and expenses when she exercised her contractual right of termination, the High Court has ruled.’

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Litigation Futures, 13th July 2020

Source: www.litigationfutures.com

Negligence claim over divorce assets ruled to be time-barred – Law Society’s Gazette

Posted July 10th, 2020 in appeals, damages, divorce, law firms, negligence, news, time limits by sally

‘The Court of Appeal has upheld a law firm’s case that a £125,000 professional negligence claim against a firm for its handling of a divorce was issued too late. In Holt v Holley & Steer Solicitors (a firm), judges held that any alleged cause of action happened in the lead-up to divorce proceedings being finalised, and this was the starting point for the six-year limitation period.’

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Law Society's Gazette, 8th July 2020

Source: www.lawgazette.co.uk

Protected parties, anonymity orders and clinical negligence; PQ (a child by her litigation friend) v Royal Free London NHS Foundation Trust [2020] EWHC 1662 (QB) – Parklane Plowden Chambers

Posted July 10th, 2020 in anonymity, birth, chambers articles, children, damages, families, hospitals, negligence, news, personal injuries by sally

‘In PQ (a child, by her litigation friend) v Royal Free London NHS Foundation Trust, Martin Spencer J was required to rule on an application that the identity of the Claimant and her family be anonymised, for the purposes of a liability-only clinical negligence trial. Although only a short, first-instance decision, the case effectively makes anonymisation orders in such circumstances all but inevitable.’

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Parklane Plowden Chambers, 30th June 2020

Source: www.parklaneplowden.co.uk

Damaged by COVID-19 – What losses will be recoverable? – Hardwicke Chambers

Posted July 10th, 2020 in chambers articles, contracts, coronavirus, damages, news by sally

‘The normal rule for breach of contract is that losses are assessed as at the date of breach (The Golden Victory [2007] 2 AC 353.) However, this has never been an immutable rule, and the law in this area was significantly recast in the case of W Nagel (A Firm) v Pluczenik Diamond Company [2018] EWCA Civ 2640.’

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Hardwicke Chambers, 29th June 2020

Source: hardwicke.co.uk

Jafari v Tareem Limited [2019] EWHC 3119 (Ch) – Tanfield Chambers

Posted July 8th, 2020 in chambers articles, covenants, damages, landlord & tenant, news, noise by sally

‘The High Court examined the relevance of an offer of compensation to the question of whether a landlord was in breach of the covenant for quiet enjoyment.’

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Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

Appeal judges reject divorcee’s negligence claim – Legal Futures

Posted July 8th, 2020 in appeals, damages, divorce, families, fees, law firms, negligence, news, solicitors, time limits by sally

‘The Court of Appeal has upheld a ruling that a negligence claim brought by a woman against her law firm over its work on her divorce was out of time.’

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Legal Futures, 8th July 2020

Source: www.legalfutures.co.uk

Insolvent Companies and Adjudication: Bresco Services Limited v Michael J Lonsdale [2020] UKSC 25 – Hardwicke Chambers

Posted July 1st, 2020 in appeals, chambers articles, company law, contracts, damages, debts, dispute resolution, insolvency, jurisdiction, news, Supreme Court by sally

‘Adjudication is a quick and comparatively cheap method of dispute resolution and for those reasons is attractive to insolvent companies seeking to recover debts. However, a respondent was likely to be able to restrain the insolvent company from referring the matter to adjudication on the basis that it would be futile to do so, since any positive decision was unlikely to be enforced as a result of the very fact of the company’s insolvency. Therefore, any award lacked practical utility. Following the decision of the Supreme Court in Bresco v Lonsdale, that is no longer the case.’

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Hardwicke Chambers, 17th June 2020

Source: hardwicke.co.uk

Case Comment: Sainsbury’s Supermarkets Ltd v Visa Europe Services LLC and others [2020] UKSC 24 – UKSC Blog

Posted June 30th, 2020 in competition, consumer credit, damages, EC law, news, standard of proof, Supreme Court by sally

‘In this case comment, David Bridge, Kenny Henderson, Jessica Foley, Devina Shah and Imtiyaz Chowdhury who all work within the Dispute Resolution team at CMS, comment on the decision handed down earlier this month by the UK Supreme Court in this matter of Sainsbury’s Supermarkets Ltd v Visa Europe Services LLC and others [2020] UKSC 24.’

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UKSC Blog, 30th June 2020

Source: ukscblog.com

Evans v Betesh Partnership and McGinty [2020] EWHC 1589 (QB) – Parklane Plowden Chambers

Posted June 29th, 2020 in appeals, barristers, chambers articles, damages, delay, negligence, news, part 36 offers, personal injuries, solicitors by sally

‘High Court decision (24/06/20) concerning solicitor/barrister professional negligence arising out of a personal injury case.’

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Parklane Plowden Chambers, 24th June 2020

Source: www.parklaneplowden.co.uk

Women launch group action over mesh implants – Litigation Futures

Posted June 26th, 2020 in class actions, compensation, damages, medical treatment, negligence, news, personal injuries, psychiatric damage by sally

‘Another group action has gone live this week, with more than 250 women left permanently injured by mesh implant surgery suing a group of pharmaceutical giants.’

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Litigation Futures, 26th June 2020

Source: www.litigationfutures.com

Damages Awards in the IPEC Small Claims Track – NIPC Law

Posted June 18th, 2020 in damages, enforcement, intellectual property, news, small claims by sally

‘”IPEC SCT” stands for “Intellectual Property Enterprise Court Small Claims Track. This is a tribunal for IP claims under £10,000 other than those involving patents, registered and registered Community designs, plant varieties and semiconductor topographies.’

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NIPC Law, 17th June 2020

Source: nipclaw.blogspot.com

Court blocks new expert on disabled claimant’s life expectancy – Law Society’s Gazette

Posted June 17th, 2020 in damages, evidence, expert witnesses, insurance, news, personal injuries by sally

‘The High Court has refused an insurer permission to rely on a new expert whose evidence reduced the estimated life expectancy of a personal injury claimant.’

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Law Society's Gazette, 17th June 2020

Source: www.lawgazette.co.uk