‘Andrew Powell, barrister of 4 Paper Buildings, considers recent developments relating to surrogacy law as well as the latest cases concerning administrative errors and the HFEA.’
Family Law Week, 7th November 2017
Source: www.familylawweek.co.uk
‘A solicitor has been awarded £70,000 in libel damages after he was accused by a newspaper of incitement to commit perjury.’
Legal Futures, 2nd November 2017
Source: www.legalfutures.co.uk
‘The Claimants were the tenants of a property owned by the Defendant by way of an Assured Shorthold Tenancy Agreement dated 18th September 2012. A deposit was paid in the sum of £500 but not protected by the Defendant.’
Nearly Legal, 31st October 2017
Source: nearlylegal.co.uk
‘The High Court held that the most natural reading of a deed granting a right of way “over the track or way” was to limit the right of way to the track that was actually in use at the time of the grant in 1979. The claim concerned the existence, location and in particular, the width of a right of way. The Claimant sought injunctions and damages for interference.’
Tanfield Chambers, 12th October 2017
Source: www.tanfieldchambers.co.uk
‘Arguments concerning the indexation of periodical payments orders triggeredmany more cases than usual being tried out after 2005 on numerous heads of damage. Further cases followed after theissue of indexation was decided, leading to the landmark decision in Whiten (2011). In late 2014 and 2015 there has been a further spate of reported cases driven by the NHS LA. James Rowley QC brings together the judgments so that trends in awards in the most serious litigation can be identified.’
Byrom Street Chambers, 29th September 2017
Source: www.byromstreet.com
‘In the Miller litigation, the UK Government placed considerable weight upon its intention to enact a “Great Repeal Bill”. As the Supreme Court understood it, such a Bill would “…repeal the 1972 Act and, wherever practical, it will convert existing EU law into domestic law at least for a transitional period” (see the majority judgment at ¶34, see also ¶¶94, 263). Now that the European Union (Withdrawal) Bill has been published, it appears that Francovich damages are an important exception to this intention.’
Blackstone Chambers, 3rd October 2017
Source: www.blackstonechambers.com
‘This paper examines a selection of those of the more interesting cases to those acting for defendants over the past two years.’
Byrom Street Chambers, 26th September 2017
Source: www.byromstreet.com
‘The infringement that was the subject of the appeal was the lifting of a fragment of a photo of the great man’s wedding photo in 1937 from the VisitWales.com website and its reuse on a website that advertises holiday cottages in Wales. Liability was not contested so the hearing before Deputy District Judge Vary was an assessment of damages only. According to paragraph [7] of Judge Hacon’s judgment, the learned deputy district judge awarded £250 on the user principle and declined to award additional damages under s.97 (2) of the Copyright, Designs and Patents Act 1988 (“the CDPA”). He ordered the copyright owner to pay the infringer’s travelling expenses on the ground that the claimant had failed in its obligation under CPR 1.3 to help the court further the overriding objective by bringing proceedings in the Irish Republic for infringement of the corresponding Irish copyright and threatening similar proceedings in the USA to maximize cost and pressure on the defendant to settle.’
NIPC Law, 15th October 2017
Source: nipclaw.blogspot.co.uk
‘Einstein famously said that the distinction between past, present and future is only a stubbornly persistent illusion. The nature of time is not an easy concept to grapple with and I had a similar (albeit not quite so ethereal) experience preparing a recent seminar on the practical effect of the decision in Carillion Construction v Emcor Engineering Services relating to contiguous (or rather non-contiguous) extensions of time.’
Practical Law: Construction Blog, 2nd October 2017
‘Rosalind English talks to David Prest about a recent High Court ruling on damages: Can someone who has been rendered infertile claim the costs of surrogacy abroad? A hospital admitted negligence in failing to diagnose the claimant’s cervical cancer. The chemotherapy and radiation treatment which followed rendered her infertile, but just before the treatment, her eggs were harvested and frozen. The court was asked to consider whether damages could include the cost of commercial surrogacy, an arrangement which is not legal in this country.’
Law Pod UK, 29th September 2017
Source: audioboom.com
‘Commercial surrogacy arrangements are considered to be against public policy in the UK and therefore illegal. Surrogacy in the UK is only legal where there is no intention to make a profit – though reasonable expenses are recoverable. Where legal surrogacy is
carried out the surrogate mother is the legal mother of the child. In this case the claimant had suffered injury due to the hospital’s failure to diagnose her cervical cancer in time. She had to undergo chemotherapy and radiation treatment which, amongst other things, damaged her uterus so she was unable to bear and carry a child. Before the treatment she had her eggs frozen.’
UK Human Rights Blog, 1st October 2017
Source: ukhumanrightsblog.com
‘Victims of the contaminated blood scandal in the 1970s and 80s have won the right to launch a High Court action for damages.’
The Independent, 26th September 2017
Source: www.independent.co.uk
‘On 17 September 2017 the new, 14th, Edition of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases was published: replacing the previous 13th Edition, published in September 2015.’
Zenith PI Blog, 22nd September 2017
Source: zenithpi.wordpress.com
‘In XX v Whittington Hospital NHS Trust [2017] EWHC 2318 (QB) Sir Robert Nelson considered the difficult issue of damages for surrogacy costs.’
Zenith PI Blog, 19th September 2017
Source: zenithpi.wordpress.com
‘Leading personal injury lawyers told yesterday’s PI Futures conference that there is “all to play for” on the Civil Liability Bill as a “nervous” governments seeks to avoid a damaging parliamentary defeat.’
Legal Futures, 20th September 2017
Source: www.legalfutures.co.uk
‘In Magill v Panel Systems (DB Limited) [2017] EWHC 1517 (QB) His Honour Judge Gosnell (sitting as a Judge of the High Court) considered some key issues relating to fatal accident damages.’
Zenith PI, 10th September 2017
Source: zenithpi.wordpress.com
‘A couple whose garden has repeatedly flooded are suing the previous owners, claiming a Facebook photograph proves they were aware of the problem but failed to highlight it.’
Daily Telegraph, 3rd September 2017
Source: www.telegraph.co.uk
‘In 2006, Swynson Ltd proposed to lend £15m to finance a management buy-out. It instructed Lowick Rose LLP (then called Hurst, Morrison Thomson (HMT)) to carry out due diligence on the target company. HMT did so negligently. But for its negligence, the loan would not have been made.’
Hardwicke Chambers, 28th July 2017
Source: www.hardwicke.co.uk
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