‘Mail Online, the sister website of the Daily Mail, has apologised and agreed to pay “substantial damages” to a teacher whom the columnist Katie Hopkins falsely accused of taking her class to a Donald Trump protest in Westminster.’
The Guardian, 28th November 2017
Source: www.theguardian.com
‘A woman has won her legal battle for better rights for unmarried people who lose their long-term partners.’
BBC Mews, 28th November 2017
Source: www.bbc.co.uk
‘The number of cancer patients successfully suing the NHS for missed diagnoses has doubled in the past five years, new figures show.’
Daily Telegraph, 26th November 2017
Source: www.telegraph.co.uk
‘A Manchester United footballer who is suing New Balance over “defective” boots was told by an executive at the sportswear company that they would “copy” Nike boots for him, it is claimed. Marouane Fellaini, 30, has alleged that his New Balance boots had to be “steamed and stretched” by a United kit man before they would fit. An investment company representing him has sued the American giant and is seeking £2 million damages.’
Daily Telegraph, 23rd November 2017
Source: www.telegraph.co.uk
‘The Court of Appeal was recently asked whether a couple could recover damages pursuant to the implied condition in section 4(2) of the Supply of Goods and Services Act 1982, (“the 1982 Act”), for harm suffered whilst on an all-inclusive holiday.’
4 KBW, 17th November 2017
Source: www.4kbw.net
‘The Court of Appeal determined that a person discharged from liability to be detained under s 3 Mental Health Act 1983 (MHA 1983) but who still required “after-care services” pursuant to s 117 of the Act was entitled to have his local authority provide such services under s 117 at any time before he had exhausted sums awarded to him in respect of costs of care for the injury he suffered.’
Garden Court Chambers, 10th November 2017
Source: www.gardencourtchambers.co.uk
‘In 2014, Starham bought a piece of land on the Harrow Road. Most of the land was being used as a beer garden by the Masons Arms pub, owned by Greene King. Starham claimed this use was a trespass. Greene King claimed it was entitled to use the land as a beer garden by virtue of a right created by a conveyance dated 24 August 1855 which it said was an easement or a restrictive covenant.’
Falcon Chambers, November 2017
Source: www.falcon-chambers.com
‘A number of hot topics in the professional negligence arena came before Mrs Justice Moulder in the recent case of Halsall and Others v Champion Consulting Limited and Others [2017] EWHC 1079 (QB), [2017] All ER (D) 44 (Jun). The result ultimately turned on the application of s 14A of the Limitation Act 1980 (LA 1980) and the claim, which otherwise would have succeeded, was dismissed as statute barred. But was the decision on limitation correct?’
New Law Journal, 27th October 2017
Source: www.newlawjournal.co.uk
‘The case concerned a residential development is White Sands, Camber, East Sussex. The land initially belonged to Burrows, which had obtained planning permission to build out a residential housing estate. Part of the land was sold to Ward, a housebuilder, subject to the terms of a contract which included an overage agreement by which 30% of profits above a fixed ceiling were payable to Burrows. That overage agreement was protected by a restriction at the Land Registry against the Ward title. Pursuant to the contract, certain disposals were “Permitted Disposals” under Clause 4.9 of the contract, not caught by the restriction. These included sales of individual units in the open market, and also (under sub-paragraph (c)) “the transfer … of land … for roads, footpaths, public open spaces or other social/community purposes”. Save as permitted, other disposals were caught by the restriction and required the disponee to submit to a deed of overage direct to Burrows.’
Falcon Chambers, November 2017
Source: www.falcon-chambers.com
‘They say that nothing can prepare you for the sheer overwhelming experience of what it means to be a parent. But how would you feel if that opportunity was taken away from you because of the negligent action of someone else? In the recent case of XX v Whittington Hospital NHS Trust [2017] EWHC 2318 (QB), XX received £74,000 for the cost of two surrogacies in the UK. This was because XX was unable to bear children as a direct consequence of her delayed diagnosis of cervical cancer.’
Family Law, 21st November 2017
Source: www.familylaw.co.uk
‘A judge has held a vending machine company responsible for fire damage at a further education college after a complex dispute involving conflicting views among expert witnesses.’
Local Government Lawyer, 21st November 2017
Source: www.localgovernmentlawyer.co.uk
‘A pub landlady has been ordered to pay an Irish traveller £1,500 in damages after agreeing she was refusing to serve him because of his background, having been asked the question 18 times.’
Daily Telegraph, 20th November 2017
Source: www.telegraph.co.uk
‘Abolishing Personal Injuries Law – A project’
Supreme Court, 16th November 2017
Source: www.supremecourt.uk
‘The Court of Appeal considered the point in FLETCHER v KEATLEY (by his LF) [2017] EWCA Civ 1540 (a decision from 12.10.2017) and followed guidance in Summers v Fairclough Homes Ltd [2012] UKSC 26.’
Zenith PI, 13th November 2017
Source: zenithpi.wordpress.com
‘Proportionality involves more than simply comparing budgets with the size of the damages claimed, a High Court judge has made clear in deciding that costs management should be applied in a case worth £350m.’
Litigation Futures, 14th November 2017
Source: www.litigationfutures.com
‘A “prolific and violent offender” has won £78,500 damages from the Home Office for being unlawfully detained.’
Daily Telegraph, 10th November 2017
Source: www.telegraph.co.uk
‘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
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