Case preview: George v Cannell and Anor – UKSC Blog

Posted December 13th, 2023 in appeals, damages, defamation, malicious falsehood, news, Supreme Court by sally

‘This case is concerned with what a respondent needs to demonstrate to take advantage of the Defamation Act 1952 (the “1952 Act”), s 3(1), in a claim for malicious falsehood and avoid the need to prove special damage.’

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UKSC Blog, 11th December 2023

Source: ukscblog.com

Collision course: Rugby union’s landmark brain injuries claims – Law Society’s Gazette

Posted December 11th, 2023 in case management, compensation, damages, news, personal injuries, sport by tracey

‘Lawyers and journalists filled court 75 at London’s Royal Courts of Justice last Friday for the latest development in claims being brought by 295 rugby union players against World Rugby Limited, Welsh Rugby Union Limited and England’s Rugby Football Union over brain injuries. Senior Master Cook heard an application by the claimants for a group litigation order (GLO) – but it soon became clear that no such order would be made, with Cook telling the parties early on that this would be “premature”.’

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Law Society's Gazette, 8th December 2023

Source: www.lawgazette.co.uk

Brexit-backer Richard Desmond invokes EU law to sue Gambling Commission – The Guardian

Posted December 5th, 2023 in damages, EC law, gambling, licensing, news by michael

‘Richard Desmond, the Brexit-backing media tycoon, is invoking EU law to sue the gambling regulator after it rejected his “fanciful” bid to run the national lottery, in a suit that could deprive good causes of millions of pounds.’

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The Guardian, 3rd December 2023

Source: www.theguardian.com

Court awards £50,000 in damages against council over home that was unfit for human habitation – Local Government Lawyer

Posted December 4th, 2023 in damages, duty of care, housing, landlord & tenant, local government, news, repairs by tracey

‘A judge at Central London County Court has awarded a claimant more than £50,000 in damages after her council property was found to be unfit for human habitation.’

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Local Government Lawyer, 4th December 2023

Source: www.localgovernmentlawyer.co.uk

High Court strikes out top footballer’s negligence claim against law firm – Legal Futures

Posted December 4th, 2023 in causation, company directors, damages, law firms, loans, negligence, news by tracey

‘The High Court has struck out a £6m negligence claim brought by a former Premier League footballer against City firm Charles Russell Speechleys (CRS).’

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Legal Futures, 4th December 2023

Source: www.legalfutures.co.uk

Rugby concussion: Wales’ Henson and Charvis named in lawsuit – BBC News

Posted December 4th, 2023 in case management, class actions, damages, health & safety, news, personal injuries, sport by tracey

‘Former Wales stars Gavin Henson and Colin Charvis are among 295 ex-players suing the rugby authorities over brain injuries, it has emerged. The High Court heard on Friday that an application for the cases to be heard collectively would be made next year.’

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BBC News, 2nd December 2023

Source: www.bbc.co.uk

Tribunal approves first post-PACCAR litigation funding agreement – Legal Futures

Posted November 24th, 2023 in appeals, class actions, competition, damages, news by tracey

‘The Competition Appeal Tribunal (CAT) has approved a litigation funding agreement (LFA) that was amended to take account of the Supreme Court ruling in PACCAR.’

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Legal Futures, 24th November 2023

Source: www.legalfutures.co.uk

Shell to face human rights claims in UK over chronic oil pollution in Niger delta – The Guardian

Posted November 24th, 2023 in damages, energy, environmental health, human rights, news, pollution by tracey

‘Thousands of Nigerian villagers can bring human rights claims against the fossil fuel company Shell over the chronic oil pollution of their water sources and destruction of their way of life, the high court in London has ruled.’

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The Guardian, 23rd November 2023

Source: www.theguardian.com

How Smith v Finch has been run over by a Boris bike – Gatehouse Chambers

‘Cycle helmets are likely to remain a bone of contention between PI litigants for years to come. At least, as far as social cycling is concerned. Different considerations apply to competitive and organized cycling events.’

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Gatehouse Chambers, 20th October 2023

Source: gatehouselaw.co.uk

Tales from the County Courts – housing conditions quantum, proof of notice of defects, and section 21 and gas safety certificates again – Nearly Legal

Three county court cases – all first instance judgments and non-binding, but each of interest, including the first two fitness for human habitation decisions that have come our way and a complicating decision on gas safety certificates and section 21 notices.

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Nearly Legal, 19th November 2023

Source: nearlylegal.co.uk

High court to consider whether universities owe students legal duty of care – The Guardian

‘The high court is to consider for the first time whether universities owe a legal duty of care to their students, which campaigners argue would save lives and bring England and Wales in line with other countries.’

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The Guardian, 20th November 2023

Source: www.theguardian.com

High Court gives judgment in Koetsier v Thomas and LJP Owen Limited t/a Nolton Stables – Old Square Chambers

Posted November 16th, 2023 in animals, chambers articles, damages, negligence, news, personal injuries by sally

‘On 10 October 2023, the High Court gave judgment dismissing the Claimant’s claims in negligence and pursuant to section 2(2) Animals Act 1971 in circumstances where a horse reacted to the presence of a dog causing the Claimant to fall and suffer severe spinal cord injury.’

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Old Square Chambers, 20th October 2023

Source: oldsquare.co.uk

UK appeal court dismisses £1.3m award over share purchase agreement wording – OUT-LAW.com

Posted November 15th, 2023 in appeals, damages, drafting, interpretation, news, shareholders by sally

‘A Court of Appeal ruling that overturned a £1.31 million damages award for breach of a share purchase agreement (SPA) demonstrates the importance of careful interpretation of SPA drafting in order to correctly notify and plead breach of warranty claims, according to one legal expert.’

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OUT-LAW.com, 14th November 2023

Source: www.pinsentmasons.com

Explaining Churchill v Merthyr Tydfil County – Local Government Lawyer

Posted November 13th, 2023 in appeals, damages, housing, local government, news, nuisance by tracey

‘Elizabeth England, of Five Paper Chambers, runs through the key points of the latest Court of Appeal Japanese Knotweed case.’

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Local Government Lawyer, 10th November 2023

Source: www.localgovernmentlawyer.co.uk

News focus: Media Bill fails to address SLAPPs – Law Society’s Gazette

Posted November 13th, 2023 in bills, damages, defamation, freedom of information, media, news, public interest by tracey

‘While the king’s speech pledged “legislation to protect public interest journalism”, a new Media Bill fails to address SLAPPs. This has sparked renewed calls to extend corrective measures beyond economic crime.’

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Law Society's Gazette, 10th November 2023

Source: www.lawgazette.co.uk

Court of Appeal to conclude hearing on compulsory ADR – Legal Futures

Posted November 10th, 2023 in appeals, damages, dispute resolution, housing, local government, news, nuisance by tracey

‘The Court of Appeal will today conclude a three-day hearing on whether the courts can stay proceedings and require parties to engage in ADR as a condition of being able to continue their claims.’

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Legal Futures, 10th November 2023

Source: www.legalfutures.co.uk

AstraZeneca faces legal challenge over Covid vaccine – BBC News

Posted November 10th, 2023 in consumer protection, coronavirus, damages, news, personal injuries, vaccination by tracey

‘AstraZeneca is facing legal action over its Covid vaccine, by a man who suffered severe brain injury after having the jab in April 2021.’

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BBC News, 9th November 2023

Source: www.bbc.co.uk

Lancashire teacher wins £800k over cancer discrimination – BBC News

‘An early years specialist who was told to reapply for her job while being treated for cancer before being sacked has been awarded an £800,000 pay-out.’

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BBC News, 7th November 2023

Source: www.bbc.co.uk

Rebecca Kalam: Officer ‘vindicated’ after sex discrimination win – BBC News

‘A firearms officer awarded £30,000 after she was stripped down to her underwear during a training exercise said she felt “vindicated” by the decision.’

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BBC News, 8th November 2023

Source: www.bbc.co.uk

Company fails in latest round of dispute with its litigation funders – Legal Futures

Posted November 6th, 2023 in damages, dispute resolution, news by tracey

‘A company in dispute with its litigation funders has failed in its bid to fortify their cross-undertakings in damages after arguing it wanted to use the contested funds to back litigation itself.’

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Legal Futures, 6th November 2023

Source: www.legalfutures.co.uk