Category: damages

Re-baselining construction projects: drawing a line in the sand – Practical Law: Construction Blog

Posted May 2nd, 2019 in construction industry, contracts, damages, delay, drafting, fees, news by sally

‘As construction disputes lawyers, we see our fair share of settlement agreements. And not just the traditional full and final settlements, but also one page final account settlements, and “line in the sand” agreements in which the parties seek to renegotiate elements of the contract while it is in progress. These “line in the sand” agreements seem to feature disproportionately in court judgments, and in this blog I will look at the reasons why this might be the case.’

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Practical Law: Construction Blog, 1st May 2019

Source: constructionblog.practicallaw.com

Leading firm held liable for asbestos case blunder – Legal Futures

Posted May 1st, 2019 in asbestos, bereavement, cancer, compensation, damages, employment, expert witnesses, health & safety, industrial injuries, inquests, law firms, news, personal injuries, witnesses by sally

‘The High Court has ordered Cardiff-based Hugh James to pay six-figure damages to the family of an asbestos victim for professional negligence in abandoning their personal injury claim.’

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Legal Futures, 1st May 2019

Source: www.legalfutures.co.uk

Claim over solicitors’ negligence fails to establish loss of chance – Legal Futures

Posted April 29th, 2019 in damages, duty of care, immigration, law firms, limitations, loss of chance, negligence, news, solicitors, time limits by sally

‘A married couple has largely failed in a claim of negligence against a firm of solicitors which had admitted that it failed to advise properly on a separate negligence case against another law firm.’

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Legal Futures, 29th April 2019

Source: www.legalfutures.co.uk

Liverpool judge refuses to move huge claim to London – Litigation Futures

Posted April 24th, 2019 in class actions, compensation, damages, environmental protection, jurisdiction, London, miners, news, transfer of proceedings by sally

‘The High Court in Liverpool has refused to transfer one of the biggest claims ever filed in this country to the Rolls Building in London.’

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Litigation Futures, 24th April 2019

Source: www.litigationfutures.com

Compensators urged to prepare for higher discount rate – Litigation Futures

Posted April 17th, 2019 in compensation, damages, news, personal injuries by sally

‘The impending change to the discount rate means a focus on old part 36 offers, accommodation claims and cases that have settled but still require court approval, a leading defendant lawyer has said.’

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Litigation Futures, 16th April 2019

Source: www.litigationfutures.com

Prison officer gets G4S payout for brain damage after assault – The Guardian

Posted April 12th, 2019 in assault, compensation, damages, employment, health & safety, mental health, news, personal injuries, prisons, rehabilitation, standards, young offenders by sally

‘A prison officer left with permanent brain damage after an attack at a children’s jail run by G4S has spoken about his continued belief in rehabilitation after receiving a “substantial” settlement from his former employer.’

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The Guardian, 12th April 2019

Source: www.theguardian.com

Victim of senior partner’s f-word tirades awarded £47,000 – Legal Futures

Posted April 8th, 2019 in compensation, damages, employment tribunals, harassment, law firms, mental health, news, paralegals, personal injuries by sally

‘A paralegal subjected to f-word tirades by the senior partner of a London law firm has been awarded £47,000 by an employment tribunal – less than 5% of the value of her claim.’

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Legal Futures, 5th April 2019

Source: www.legalfutures.co.uk

JK Rowling’s ex-PA ordered to repay author £18k in fraud case – The Independent

Posted April 5th, 2019 in damages, fraud, news by sally

‘JK Rowling‘s former personal assistant has been ordered to repay £18,734 to the Harry Potter author after she was found to have fraudulently used her credit card to buy toiletries and foreign currency.’

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The Independent, 5th April 2019

Source: www.independent.co.uk

CA upholds challenge to routine 100% success fee in low-value PI – Litigation Futures

Posted April 4th, 2019 in accidents, appeals, damages, fees, insurance, news, personal injuries, road traffic, solicitors by sally

‘Solicitors handling low-value personal injury claims since LASPO should have undertaken risk assessments before setting success fees – rather than just applying 100% across the board – the Court of Appeal has ruled.’

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Litigation Futures, 3rd April 2019

Source: www.litigationfutures.com

High Court dispenses with electronic bill – Litigation Futures

Posted April 3rd, 2019 in budgets, costs, damages, electronic filing, negligence, news, part 36 offers by sally

‘A High Court judge has relieved a claimant who won a trial in January from having to produce an electronic bill for the work undertaken since 6 April 2018.’

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Litigation Futures, 2nd April 2019

Source: www.litigationfutures.com

‘Common sense’ approach to notice taken in breach of warranty case – OUT-LAW.com

Posted March 28th, 2019 in aircraft, contracts, damages, news, warranties by sally

‘Triumph, the multinational aerospace company, has partially succeeded in a damages claim arising out of its 2013 acquisition of three businesses belonging to the components manufacturer Primus.’

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OUT-LAW.com, 26th March 2019

Source: www.out-law.com

Mark Duggan family to sue Met Police over death – BBC News

Posted March 25th, 2019 in appeals, bereavement, compensation, damages, families, inquests, news, police, unlawful killing, weapons by sally

‘The family of Mark Duggan, whose death sparked riots across England in August 2011, are suing the Metropolitan Police for damages, BBC News has learned.’

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BBC News, 23rd March 2019

Source: www.bbc.co.uk

Police and council acted unlawfully when using 1847 law to seize sheep – Local Government Lawyer

Posted March 21st, 2019 in animals, compensation, confiscation, damages, local government, news, police by sally

‘A council and the police acted unlawfully when they used a Victorian law against a shepherd whose sheep had entered a village.’

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Local Government Lawyer, 21st March 2019

Source: www.localgovernmentlawyer.co.uk

Barry Bennell expenses claim raises questions about Crewe’s legal defence – The Guardian

Posted March 21st, 2019 in child abuse, children, damages, documents, evidence, expenses, news, sexual offences, sport, victims by sally

‘Here is the expenses claim from Barry Bennell that raises significant questions about the defence put forward by Crewe Alexandra’s lawyers to fight the high court claims lodged by victims of the paedophile coach. It shows Bennell claimed £5 per boy to accommodate them at his house during the years when he used his position as Crewe’s youth-team coach to feed what prosecutors have described as his “almost insatiable appetite for young boys”.’

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The Guardian, 20th March 2019

Source: www.theguardian.com

Fundamental dishonesty “should lead to strike-out of whole claim” – Litigation Futures

Posted March 20th, 2019 in costs, damages, fraud, fundamental dishonesty, news, personal injuries, road traffic, statutory interpretation, striking out by sally

‘A finding of fundamental dishonesty in a personal injury claim should mean an associated credit hire claim is also struck out, a circuit judge has ruled.’

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Litigation Futures, 19th March 2019

Source: www.litigationfutures.com

What’s in a name? High Court considers anonymity order in sensitive claim – UK Human Rights Blog

Posted March 15th, 2019 in anonymity, bereavement, causing death of children or vulnerable adults, children, damages, hospitals, human rights, media, negligence, news, pregnancy, psychiatric damage, reporting restrictions by sally

‘The Claimant became pregnant in 2012 but, tragically, the baby died in utero and was stillborn in May 2013. The Claimant claimed damages to represent the loss of the pregnancy and also for a psychiatric injury which she suffered due to the stillbirth.’

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UK Human Rights Blog, 14th March 2019

Source: ukhumanrightsblog.com

Ruling offers guidance on liquidated damages clauses for delay – OUT-LAW.com

Posted March 14th, 2019 in contracts, damages, delay, news by sally

‘A ruling by the Court of Appeal earlier this month has highlighted the importance of ensuring IT contracts are clear about how liquidated damages apply in cases where technology suppliers are late in delivering a project, an expert in IT disputes has said.’

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OUT-LAW.com, 13th March 2019

Source: www.out-law.com

Cameron (Respondent) v Liverpool Victoria Insurance Co Limited (Appellant) – 39 Essex Chambers

Posted March 13th, 2019 in accidents, appeals, damages, identification, insurance, news, personal injuries, road traffic, Supreme Court by sally

‘The Supreme Court has unanimously held in Cameron v Liverpool Victoria Insurance Co Ltd that the driver of a car, who was not anonymous but could not just be identified, cannot be sued under a pseudonym or description.’

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39 Essex Chambers, 21st February 2019

Source: www.39essex.com

Not Knowing the Amount of Compensation Award (EXB (A Protected Party by his Mother and Litigation Friend) v FDZ and Others) – 39 Essex Chambers

Posted March 13th, 2019 in accidents, compensation, consultations, Court of Protection, damages, disclosure, jurisdiction, news, personal injuries by sally

‘Emily Formby, barrister at 39 Essex Chambers, considers the case of EXB (a protected party by his mother and litigation friend) v FDZ and others concerning the overlap in jurisdiction between the civil courts and the Court of Protection (CoP). Despite the overlap being commonplace in daily practice, reported cases giving guidance on how to navigate issues thrown up by the different procedures are rarer than one might think.’

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39 Essex Chambers, 8th February 2019

Source: www.39essex.com

Liquidated Damages after Termination: Triple Point Technology v. PTT – 4 New Square

Posted March 12th, 2019 in contracts, damages, delay, interpretation, news, penalties by sally

‘What happens to liquidated damages when a contract is terminated? Is the employer entitled to payment up until the point of termination? Can damages go beyond termination until the point at which the project is completed by someone else? If so, what happens if the project is never completed? These are all questions which one would normally associate with construction contracts. However, it was in the context of a software development project that they came to be considered in the Court of Appeal in Triple Point Technology v. PTT [2019] EWCA Civ 230.’

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4 New Square, 5th March 2019

Source: www.4newsquare.com