Category: damages

Wrongful Dismissal Damages – Employment Law Blog

Posted June 30th, 2017 in damages, news, wrongful dismissal by tracey

‘It is established law that (1) the doctrine of mitigation of loss by way of avoided loss applies to claims for damages for breach of contract by way of wrongful dismissal from employment, (2) this means that there must be deducted amounts that the employee earned or should have earned in substituted alternative employment, and (3) such amounts are capable of encompassing benefits in kind, but (4) this is subject to the important qualification that the benefit must not be too remote. Lavarack v Woods of Colchester [1967] 1 QB 278 is an illustration of these propositions.’

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Employment Law Blog, 29th June 2017

Source: employment11kbw.com

Lifting Automatic Suspension – Local Government Law

Posted June 30th, 2017 in contracts, damages, news, public procurement, transport by tracey

‘In yet another Alstom Transport UK Limited v London Underground Ltd (2017) EWHC 1521 (TCC) the Defendants applied to lift an automatic suspension on contract making imposed by the Utilities Contracts Regulations 2006.’

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Local Government Law, 28th June 2017

Source: local-government-law.11kbw.com

Failure to pay correct court fee not an abuse of process – Litigation Futures

Posted June 21st, 2017 in abuse of process, appeals, damages, fees, news, personal injuries, solicitors, valuation by sally

‘The Court of Appeal has refused to consider a circuit judge ruling which held that failure by a solicitor to correctly value a personal injury claim and pay the right court fee did not amount to an abuse of process.’

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Litigation Futures, 20th June 2017

Source: www.litigationfutures.com

Trans woman receives police payout after being forced to strip naked and sprayed with mace – The Independent

Posted June 21st, 2017 in assault, damages, mental health, news, police, sex discrimination, transgender persons by sally

‘A trans woman has won “substantial” damages after police stripped her and sprayed her in the face with mace, forcing her to wash her eyes out with toilet water.’

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The Independent, 20th June 2017

Source: www.independent.co.uk

High Court orders trial over enforcement of disputed DBA – Law Society’s Gazette

Posted June 15th, 2017 in agreements, costs, damages, delay, law firms, news by sally

‘The High Court has allowed for trial of a preliminary issue in a case concerning the limits of a damages based agreement (DBA).’

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Law Society's Gazette, 13th June 2017

Source: www.lawgazette.co.uk

Whip-lash away? – Counsel

Posted June 9th, 2017 in barristers, bills, costs, damages, judges, news, personal injuries, road traffic by sally

‘As the general election pauses the planned whiplash reforms, Robert Weir QC examines the winners and losers, implications for personal injury litigation and disproportionate impact on the junior Bar.’

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Counsel, June 2017

Source: www.counselmagazine.co.uk

Zimbabwean national unlawfully detained after Home Office fails to serve immigration decision – Free Movement

Posted June 7th, 2017 in asylum, damages, detention, government departments, immigration, judicial review, news, notification, regulations by sally

‘Substantial damages of £10,500 have been awarded to a claimant who was unlawfully detained for a period of 70 days. The Home Office had failed to serve the Claimant with notice of a decision on his application to vary his leave to remain in the UK before detaining him, rendering his detention unlawful. The case is R (on the application of) Godwin Chaparadza v Secretary of State for the Home Department [2017] EWHC 1209 (Admin).’

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Free Movement, 7th June 2017

Source: www.freemovement.org.uk

First opt-out class action withdrawn as potential costs outweigh damages – OUT-LAW.com

Posted June 7th, 2017 in class actions, competition, consumer protection, costs, damages, news, tribunals by sally

‘The UK’s first ‘opt-out’ class action claim has been withdrawn on the basis that its costs would outweigh the potential damages available.’

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OUT-LAW.com, 5th June 2017

Source: www.out-law.com

First opt-out class action withdrawn after damages found to be insufficient – Litigation Futures

Posted June 6th, 2017 in appeals, class actions, competition, costs, damages, news, tribunals by tracey

‘The first attempt to bring an opt-out class action has failed after a decision of the Competition Appeal Tribunal (CAT) that meant the claim would not be worth enough money to proceed.’

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Litigation Futures, 5th June 2017

Source: www.litigationfutures.com

Socrates case stayed for quantum discussions as tribunal orders Law Society to pay up to £230,000 in costs – Legal Futures

Posted June 5th, 2017 in appeals, budgets, competition, continuing professional development, conveyancing, costs, damages, Law Society, news, tribunals by tracey

‘The fall-out from the decision that the Law Society breached competition law looks set to last for several more months after the Competition Appeal Tribunal laid out the timetable for determining damages.’

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Legal Futures, 5th June 2017

Source: www.legalfutures.co.uk

Regina v Sheffield Teaching Hospitals NHS Foundation Trust – WLR Daily

Posted June 1st, 2017 in birth, damages, law reports, pensions, personal injuries, valuation by sally

Regina v Sheffield Teaching Hospitals NHS Foundation Trust [2017] EWHC 1245 (QB)

‘The claimant, a 24-year-old man, suffered from physical impairments caused by injuries suffered during his birth at the defendant’s hospital. He was expected to live to about 70 years old, which represented a reduction, as a result of his injuries, from the normal life expectancy for a male of his age. His mother, acting as his litigation friend, brought a claim for damages on his behalf against the defendant. The defendant admitted negligence in relation to the claimant’s birth. On the assessment of damages, issues arose including: (i) whether the claimant was entitled to recover a sum in respect of the pension that, but for his injuries, he would have received during the “lost years” of his life beyond his actual life expectancy; and (ii) how any award for special accommodation needs was to be assessed.’

WLR Daily, 25th May 2017

Source: www.iclr.co.uk

Roberts -v-Johnstone after the change in discount rate: a high court decision – Zenith PI Blog

Posted May 26th, 2017 in birth, damages, hospitals, negligence, news, personal injuries by tracey

‘The recent change in the discount rate was covered on this blog. One issue that arose was how the courts were going to treat the Roberts -v- Johnstone approach to accommodation claims. It was not practical to use a multiplier that was a minus figure. In JR -v- Sheffield Teaching Hospitals NHS Foundation Trust [2017] EWHC 1245 (QB) Mr Justice Davis decided that the multiplier in these circumstances should be zero.’

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Zenith PI Blog, 25th May 2017

Source: www.zenithpi.wordpress.com

Man awarded £8m Sheffield hospital negligence payout – BBC News

Posted May 26th, 2017 in birth, damages, hospitals, negligence, news, personal injuries by tracey

‘A man who was left disabled as a result of negligence during his birth will receive almost £8m in NHS compensation.’

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BBC News, 25th May 2017

Source: www.bbc.co.uk

SRA fails with bid to strike out solicitor’s damages claim – Legal Futures

Posted May 25th, 2017 in damages, news, solicitors, Solicitors Regulation Authority, striking out by tracey

‘The Solicitors Regulation Authority (SRA) has failed to strike out a damages claim by a solicitor at the High Court who claims it breached his confidentiality.’

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Legal Futures, 25th May 2017

Source: www.legalfutures.co.uk

Michael Barrymore demands ‘substantial damages’ from Essex Police over wrongful arrest – Daily Telegraph

Posted May 24th, 2017 in damages, news, police, wrongful arrest by sally

‘Entertainer Michael Barrymore should get substantial damages from Essex Police over the wrongful arrest which destroyed his career, the High Court has heard.’

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Daily Telegraph, 22nd May 2017

Source: www.telegraph.co.uk

Convicted Nigerian fraudster James Ibori wins £1 from UK – BBC News

Posted May 24th, 2017 in damages, false imprisonment, fraud, immigration, news by sally

‘Convicted fraudster and former Nigerian state governor James Ibori has been awarded £1 ($1.30) for being unlawfully detained for 42 hours in the UK.’

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BBC News, 23rd May 2017

Source: www.bbc.co.uk

Actress Elizabeth Hurley awarded phone-hacking damages – BBC News

Posted May 18th, 2017 in damages, interception, media, news, privacy, telecommunications by tracey

‘Elizabeth Hurley has received “substantial” damages and an apology from Mirror Group Newspapers (MGN) over phone-hacking.’

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BBC News, 17th May 2017

Source: www.bbc.co.uk

Court of Appeal determines approach for deciding loss where litigation solicitors miss second claim – OUT-LAW.com

Posted May 17th, 2017 in damages, industrial injuries, negligence, news, personal injuries, solicitors by sally

‘Where solicitors have negligently failed to advise a client to pursue a particular claim, they will be deemed to have caused loss if their client can show that it would have brought the claim if so advised, and that it would have had a real prospect of success, the Court of Appeal has said.’

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OUT-LAW.com, 16th May 2017

Source: www.out-law.com

Similarities, Connections or Relationships? Aggregation following AIG Europe v Woodman – Hardwicke Chambers

Posted May 16th, 2017 in appeals, contracts, damages, news, Supreme Court by sally

‘Aggregation clauses are commonly used in professional liability policies and can have a substantial impact on the recoverable damages in a claim. The Supreme Court considered the proper construction of the aggregation clause in the Law Society’s Minimum Terms and Conditions (“the Minimum Terms”) in AIG Europe v Woodman [2017] UKSC 18 and in so doing also provided useful guidance on the approach to be taken to the construction of aggregation clauses more generally.’

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Hardwicke Chambers, 12th May 2017

Source: www.hardwicke.co.uk

Another successful unlawful detention claim – Free Movement

Posted May 9th, 2017 in damages, detention, immigration, news by tracey

‘R (Ademiluyi) v SSHD [2017] EWHC 935 (Admin) concerns a successful claim for damages by an individual unlawfully detained under immigration powers. It is notable for its restatement of the importance of the third Hardial Singh principle, and as a further example of the Secretary of State’s ‘enduring casualness’ [23] when dealing with cases involving immigration detention.’

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Free Movement, 9th May 2017

Source: www.freemovement.org.uk