‘Yedina v Yedin and another [2017] EWHC 3319 (Ch) was an interesting case which highlighted the importance of seeking advice from a family lawyer when planning to divorce.’
Family Law, 9th March 2018
Source: www.familylaw.co.uk
‘This blog concerns the case of JR v Sheffield Teaching Hospitals NHS Foundation Trust [2017] PIQR Q3. William Davis J gave an impressive and comprehensive analysis of the many problems in that case. JR, who was born in 1992, in the course of delivery suffered from intracranial haemorrhage and brain injury. As a result he experienced severe spastic cerebral palsy and significant cognitive impairment. This was a consequence of the negligence of the Defendant hospital and the issues for the Judge to resolve concerned various questions which were in dispute regarding various consequences of the disaster at the time of JR’s birth.’
Zenith PI, 9th March 2018
Source: zenithpi.wordpress.com
‘Channel 5 has been ordered to pay a couple £10,000 each for the distress of broadcasting them being evicted.’
BBC News, 22nd February 2018
Source: www.bbc.co.uk
‘An award-winning standup comedian is being sued by her estranged husband for allegedly defaming him in her show.’
The Guardian, 19th February 2018
Source: www.theguardian.com
‘The High Court has rejected the argument that a part 36 offer to settle a clinical negligence claim for 90% of its value was not a genuine offer because it was made shortly before trial.’
Litigation Futures, 12th February 2018
Source: www.litigationfutures.com
‘Senior figures at Mirror Group newspapers “condoned, encouraged or turned a blind eye” to a decade of widespread phone hacking and unlawful intrusion by its journalists, it has been admitted.’
Daily Telegraph, 5th February 2018
Source: www.telegraph.co.uk
‘Claimants did not act unreasonably in switching funding from a damages-based agreement (DBA) to a conditional fee agreement (CFA) shortly before trial, even though the defendants are now facing a much larger bill, a costs judge has ruled.’
Litigation Futures, 18th January 2018
Source: www.litigationfutures.com
‘An American actress and singer is to receive revenge porn damages from her ex-boyfriend after becoming the first person to sue in the British courts.’
Daily Telegraph, 17th January 2018
Source: www.telegraph.co.uk
‘Thomas Hord and his family were given almost £8m in compensation by the NHS after he was starved of oxygen during birth.’
BBC News, 16th January 2018
Source: www.bbc.co.uk
‘This was an appeal by the National Guild of Removers & Storers (“NGRS”) against an award of £1,275 damages in its favour by District Judge Vary for passing off. By dismissing that appeal, His Honour Judge Hacon seems to have settled a 7 year controversy as to what should be the correct measure of damages for what is often an inadvertent misrepresentation of continued membership of the NGRS by a removal or storage business that no longer wishes to remain a member of that guild.’
NIPC Law, 7th January 2018
Source: nipclaw.blogspot.co.uk
‘The High Court has issued a second judgment in quick succession around file disclosure in a bid to stem the flow of satellite litigation against law firms.’
Law Society's Gazette, 4th January 2018
Source: www.lawgazette.co.uk
‘A defendant was entitled to withdraw admission of liability in the face of a personal injury claim which rocketed in size from less than £25,000 to over £300,000, the Court of Appeal has ruled.’
Litigation Futures, 3rd January 2018
Source: www.litigationfutures.com
‘Given the nebulous nature of surrogacy law in the UK and the decision in Briody v St Helen’s and Knowsley Area Health Authority [2001] EWCA Civ 1010, [2001] 2 FLR 1094, with its confusing obiter dicta, it is somewhat surprising that the funding of surrogacy for an infertile young woman was included in the heads of damages in the decision in XX v Whittington Hospital Trust [2017] EWHC 2318 (QB).’
Family Law, 20th December 2017
Source: www.familylaw.co.uk
‘One of the fears relating to adjudication is that a referring party will attempt to achieve success by grinding the responding party down through serial adjudications until it achieves the result it wants or the responding party gives in. In Benfield Construction Ltd v Trudson (Hatton) Ltd, Coulson J issued a clear warning that such an approach would not be condoned, stating.’
Practical Law: Construction Blog, 20th December 2017
‘Four Iraqi citizens have won damages from the Ministry of Defence for ill-treatment and unlawful detention during the Iraq War.’
BBC News, 14th December 2017
Source: www.bbc.co.uk
‘The case of Durrant v Chief Constable of Avon & Somerset Constabulary [2017] EWCA Civ 1808, which arose out of the arrest of Ms Durrant on 13 June 2009, seems finally to have come to a conclusion, after three visits to the Court of Appeal. It is worth reading for its discussion on the award of damages for injury to “loss of feelings” where the police have racially discriminated against a person whom they have arrested and when aggravated and/or exemplary damages will be awarded.’
UK Police Law Blog, 11th December 2017
Source: ukpolicelawblog.com
‘In Vidal-Hall v Google [2015] EWCA Civ 311 the Court of Appeal held that damages claims under section 13 of the Data Protection Act 1998 (DPA) can be brought on the basis of distress alone, without monetary loss. Since that decision there has much speculation that a major data breach could lead to distress-based claims against the data controller by a large class of individuals. Even if each individual claim was modest (in the hundreds or low thousands of pounds) the aggregate liability could be substantial.’
Panopticon, 6th December 2017
Source: panopticonblog.com
‘The judgment of Phillips J in Sainsbury’s v Visa [2017] EWHC 3047 (Comm) demonstrates the importance to claimants in competition damages cases of identifying a counterfactual which not only involves lower prices but also involves higher levels of competition.’
Competition Bulletin from Blackstone Chambers, 5th December 2017
Source: competitionbulletin.com
‘Smith v Lancashire Teaching Hospitals NHS Foundation Trust & Ors (Rev 2) [2017] EWCA Civ 1916. In a landmark decision handed down on 28th November 2017 the Court of Appeal ruled that cohabiting couples should have a right to claim bereavement damages, putting them in a position analogous to spouses and civil partners.’
UK Human Rights Blog, 30th November 2017
Source: ukhumanrightsblog.com
‘Can a mother who consults a doctor with a view to avoiding the birth of a child with one disability recover damages for the costs associated with another disability?’
UK Human Rights Blog, 28th November 2017
Source: ukhumanrightsblog.com
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