‘A solicitor introduced to an elevated role in her former firm through a historic partnership agreement can make an employment claim as an employee, a tribunal has ruled.’
Law Society's Gazette, 27th June 2019
Source: www.lawgazette.co.uk
‘The High Court has ordered a party that missed the deadline to fix the date of a case management conference (CMC) by more than four years to pay security for costs as a sanction.’
Litigation Futures, 21st June 2019
Source: www.litigationfutures.com
‘A senior HSBC banker who was burned on the head by a hairdresser during a wash and blow dry has won thousands in compensation after she said it left her being mocked by colleagues.’
Daily Telegraph, 20th June 2019
Source: www.telegraph.co.uk
‘A woman who was knocked unconscious by a cyclist will be awarded compensation, despite a judge finding she had stepped into the road while looking at her phone.’
The Guardian, 18th June 2019
Source: www.theguardian.com
‘A drinker won a discrimination case against a popular brewery after he was stopped from buying its women-only beer.’
Daily Telegraph, 18th June 2019
Source: www.telegraph.co.uk
‘Lachaux v Independent Print Ltd and another [2019] UKSC 27. The Supreme Court has unanimously held that the Defamation Act 2013 altered the common law presumption of general damage in defamation. It is no longer sufficient for the imposition of liability that a statement is inherently injurious or has a “tendency” to injure a claimant’s reputation. Instead, the language of section 1(1) of the Act requires a statement to produce serious harm to reputation before it can be considered defamatory.’
UK Human Rights Blog, 17th june 2019
Source: ukhumanrightsblog.com
‘Woodward & Ors v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 is the latest procedural skirmish in the ongoing battle between Claimants and Defendants. Following on from the Supreme Court’s judgment in Barton v Wright Hassall LLP [2018] UKSC 12, it is an important reminder – if any were needed – that Claimants must be familiar with the rules on service of claim forms, and with the other side’s procedural stance.’
Zenith PI, 17th June 2019
Source: zenithpi.wordpress.com
‘A north-west law firm has won what it believes is the first contested case against installers of faulty cavity wall insulation.’
Litigation Futures, 17th June 2019
Source: www.litigationfutures.com
‘More than 100 Grenfell survivors and relatives are taking legal action in the US against three firms they blame for the fire, the BBC has been told.’
BBC News, 10th June 2019
Source: www.bbc.co.uk
‘A quick note, because Rea Murray has done the heavy lifting for me. We’ve seen the ‘claims for multiple deposit breaches’ issues before, although in the guise of whether a claim could be brought for a number of tenancies at once. This was a county court appeal to a circuit judge on exactly what counted as a claimable breach, and how many could be claimed per tenancy.’
Nearly Legal, 3rd June 2019
Source: nearlylegal.co.uk
‘In January, in the second of the two conjoined appeals of Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, Cannon Corporate Ltd v Primus Build Ltd, the Court of Appeal upheld the first instance decision to enforce an adjudicator’s decision where the enforcing party was in a company voluntary arrangement (CVA). In contrast, last week in Indigo Projects London Ltd v Razin and another, the court refused to enforce an adjudicator’s decision where the enforcing party was in a CVA. The reasoning was that enforcement of the decision would interfere with the accounting exercise to be carried out under the CVA. The court provided useful guidance on when this argument is likely to succeed.’
Practical Law: Construction Blog, 22nd May 2019
‘Pomphrey v Secretary of State for Health and Anor [2019] 4 WLUK 483. This case concerned an alleged failure to diagnose compression of nerve roots leading to cauda equina and alleged delay in operating urgently. It raises an important issue in relation to causation and the applicability of the famous decision of Chester v Afshar [2004] UKHL 41.’
UK Human Rights Blog, 22nd May 2019
Source: ukhumanrightsblog.com
‘Trends in personal injury claims since LASPO, with damages falling, are an “affront to justice”, the new president of the Association of Personal Injury Lawyers (APIL) has claimed.’
Litigation Futures, 21st May 2019
Source: www.litigationfutures.com
‘Where a court finds a wrongful arrest, it is often due to inadequate grounds for belief in its necessity. However, a brief judgment in Smith v Police Service for Northern Ireland [2019] NIQB 39 is a demonstration of where there is a lack of reasonable suspicion that the person arrested has, themselves, committed the offence. Also of interest is the sum for damages – £3,550 for the unlawful arrest and ten hours’ consequent unlawful detention.’
UK Police Law Blog, 10th May 2019
Source: ukpolicelawblog.com
‘The parents of a student who took her own life because she was too anxious to make a public presentation are taking legal action against her university.’
The Independent, 19th May 2019
Source: www.independent.co.uk
‘The High Court has thrown out a personal injury claim – without letting the case go to full quantum trial – after the litigant presented an ‘egregiously untrue picture’ of his disabilities.’
Law Society's Gazette, 16th May 2019
Source: www.lawgazette.co.uk
‘Clinical negligence claims could be handled by a tribunal under a new test for liability of whether the patient has suffered ‘reasonably avoidable injury’, Sir Rupert Jackson has proposed.’
Litigation Futures, 17th May 2019
Source: www.litigationfutures.com
‘A university student took her own life partly as a result of neglect, an inquest has ruled.’
BBC News, 16th May 2019
Source: www.bbc.co.uk
‘In a scathing 17-page judgment, the Court of Appeal has thrown out an attempt by the Post Office to appeal a judge’s refusal to recuse himself from group litigation on the grounds of bias. Ruling in Post Office Limited v Alan Bates & Ors, the Rt. Hon. Lord Justice Coulson said that the recusal application ‘never had any substance and was rightly rejected by the judge’.’
Law Society's Gazette, 14th May 2019
Source: www.lawgazette.co.uk
‘A convicted client has failed in a bid to make his former solicitors stump up the bill for his £450,000 fine imposed in the Crown court. In Day v Womble Bond Dickinson (UK) LLP Her Honour Judge Deborah Taylor, sitting in the High Court, struck out the negligence claim by landowner Philip Day.’
Law Society's Gazette, 7th May 2019
Source: www.lawgazette.co.uk
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