‘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.’
The Guardian, 21st July 2020
Source: www.theguardian.com
‘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.’
Litigation Futures, 16th July 2020
Source: www.litigationfutures.com
‘Lawyers working on a damages-based agreement are entitled to be paid when the client has terminated early, the High Court has ruled.’
Law Society's Gazette, 13th July 2020
Source: www.lawgazette.co.uk
‘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.’
Litigation Futures, 13th July 2020
Source: www.litigationfutures.com
‘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.’
Law Society's Gazette, 8th July 2020
Source: www.lawgazette.co.uk
‘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.’
Parklane Plowden Chambers, 30th June 2020
Source: www.parklaneplowden.co.uk
‘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.’
Hardwicke Chambers, 29th June 2020
Source: hardwicke.co.uk
‘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.’
Tanfield Chambers, 30th June 2020
Source: www.tanfieldchambers.co.uk
‘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.’
Legal Futures, 8th July 2020
Source: www.legalfutures.co.uk
‘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.’
Hardwicke Chambers, 17th June 2020
Source: hardwicke.co.uk
‘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.’
UKSC Blog, 30th June 2020
Source: ukscblog.com
‘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.’
Litigation Futures, 26th June 2020
Source: www.litigationfutures.com
‘”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.’
NIPC Law, 17th June 2020
Source: nipclaw.blogspot.com
‘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.’
Law Society's Gazette, 17th June 2020
Source: www.lawgazette.co.uk
‘The law relating to secondary victims, who suffer psychiatric injury as a result of witnessing a shocking event, has long been an area of contention.’
St Philips Chambers, 8th June 2020
Source: st-philips.com
‘The Upper Tribunal has handed down judgment in DP v Topmark Claims Management Ltd [2020] UKUT 0106 (AAC), which is the first time the Diffuse Mesothelioma Payment Scheme (“DMPS”) has been considered at an appellate level. It gave guidance on the scope of the scheme, as well as wider points on the nature of an appeal before the First Tier Tribunal (“FTT”) and on statutory interpretation.’
Hardwicke Chambers, 2nd June 2020
Source: hardwicke.co.uk
‘An employment tribunal has been ordered to reconsider the £47,000 in damages that it awarded to a paralegal subjected to foul-mouthed tirades by the senior partner of a London law firm.’
Legal Futures, 12th June 2020
Source: www.legalfutures.co.uk
‘When a provision of legislation is held to be incompatible with a Convention right, a Minister of the Crown “may by order make such amendments to the primary legislation as he considers necessary”. This power to take remedial action, contained within section 10 of the Human Rights Act (HRA), applies when a domestic court finds an incompatibility with the European Convention on Human Rights (ECHR), and also when the Minister considers a provision of legislation incompatible with the Convention “having regard to a finding of the European Court of Human Rights” (ECtHR). A recent draft remedial order laid before Parliament aims to remedy an incompatibility of the latter kind, following the ECtHR’s judgment in Hammerton v United Kingdom no. 6287/10 ECHR 2016. The draft remedial order is of particular interest because it purports to amend the Human Rights Act itself.’
UK Human Rights Act, 11th June 2020
Source: ukhumanrightsblog.com
‘In clinical negligence cases things change. That’s often because new expert evidence, witness evidence, or medical records come to light. So, when can you add to your existing case?’
Parklane Plowden Chambers, 5th June 2020
Source: www.parklaneplowden.co.uk
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