Category: damages

Potential financial losses and gains from theft of confidential information did not justify award of ‘jackpot damages’, rules UK judge – OUT-LAW.com

Posted February 28th, 2017 in damages, data protection, employment, news, theft by tracey

‘Businesses that have confidential information stolen from them but do not suffer a financial loss as a result of that theft will generally not be eligible for damages if those that have taken the information unlawfully have not made any financial gain by doing so, a judge at the High Court in London has said.’

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OUT-LAW.com, 27th February 2017

Source: www.out-law.com

Adherence to Wells ruling meant discount rate cut was only option, says Truss – Litigation Futures

Posted February 28th, 2017 in consultations, damages, interest, news, personal injuries by tracey

‘The “faithful application” of the principles set down by the House of Lords in Wells v Wells was the reason Lord Chancellor Liz Truss rejected calls to take a “mixed portfolio” approach to setting the discount rate, in a move one leading observer suggested showed “nimble political footwork”.’

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Litigation Futures, 28th February 2017

Source: www.litigationfutures.com

HRA Claims and Concurrent Care Proceedings: Third Party Costs Orders, Statutory Charge Guidance and an Invitation to the Lord Chancellor – Family Law Week

Posted February 27th, 2017 in children, civil procedure rules, costs, damages, family courts, human rights, immunity, legal aid, local government, lord chancellor, news, regulations, statutory duty, third parties by tracey

‘Ben Mansfield, barrister of The 36 Group, examines the judgment of Mr Justice Keehan in H (A Minor) v Northamptonshire County Council and the Legal Aid Agency [2017] EWHC 282 (Fam).’

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Family Law Week, 23rd February 2017

Source: www.familylawweek.co.uk

New UK laws address driverless cars insurance and liability – OUT-LAW.com

Posted February 24th, 2017 in bills, damages, insurance, news, personal injuries, road traffic by sally

‘Insurers would be primarily responsible for paying out damages stemming from accidents caused by ‘automated vehicles’ under new UK legislation laid before the UK parliament’

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OUT-LAW.com, 23rd February 2017

Source: www.out-law.com

Formula Milk and Human Rights: Council That Removed Baby Pays Damages – RightsInfo

Posted February 22nd, 2017 in compensation, damages, families, human rights, local government, news by sally

‘A local council who took a newborn baby boy from his parents violated their human right to family life and a fair trial, a judge has ruled.’

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RightsInfo, 17th February 2017

Source: www.rightsinfo.org

Jackson watch: fixed recoverable costs review – New Law Journal

Posted February 22nd, 2017 in budgets, costs, damages, negligence, news, personal injuries, proportionality by sally

‘David Pilling records the contributions & discussion points from Jackson LJ’s Manchester roadshow.’

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New Law Journal, 21st February 2017

Source: www.newlawjournal.co.uk

Government faces judicial review challenge over contaminated blood payments – Local Government Lawyer

Posted February 20th, 2017 in blood products, damages, health, HIV, judicial review, news by sally

‘The Government is being taken to judicial review over alleged discrimination in its payment scheme for people living with HIV and the Hepatitis C virus.’

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Local Government Lawyer, 17th February 2017

Source: www.localgovernmentlawyer.co.uk

Family judge condemns 2,000-page bundle – Law Society’s Gazette

Posted February 20th, 2017 in care orders, children, costs, damages, documents, family courts, human rights, judges, local government, news by sally

‘A family judge has expressed his disapproval at the ‘unwarranted expenditure’ in a case where a local authority breached Article 8 rights under the European Convention on Human Rights by taking an infant into care.’

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Law Society’s Gazette, 17th February 2017

Source: www.lawgazette.co.uk

Daniel Morgan murder: three men lose case against ‘malicious’ police – The Guardian

Posted February 20th, 2017 in corruption, damages, malicious prosecution, misfeasance in public office, murder, news, perverting the course of justice, police, private investigators by sally

‘Three men charged with the 1987 murder of the private detective Daniel Morgan have lost their case that police maliciously tried to get them convicted. A fourth man has won part of his claim for damages.’

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The Guardian, 17th February 2017

Source: www.guardian.co.uk

Stephen Lawrence killer David Norris to sue government – BBC News

Posted February 20th, 2017 in assault, damages, Ministry of Justice, news, prisons by sally

‘One of the men who murdered Stephen Lawrence is attempting to sue the government after he was attacked in jail while awaiting trial.’

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BBC News, 19th February 2017

Source: www.bbc.co.uk

Judy Dawson discusses another case involving incorrect Court fees paid and whether this gifts the Defendant a limitation defence – Park Square Barristers

Posted February 17th, 2017 in damages, fees, limitations, news by sally

‘In January 2016 I discussed the case of Lewis v Ward Hadaway [2015] EWCA 3503 (Ch) and the possible avenues for Defendants to counter a practice which was at least perceived to be increasing of Claimant solicitors issuing Claim Forms for values below the actual value of the claim, in order to delay the payment of higher Court Fees.’

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Park Square Barristers, 13th January 2017

Source: www.parksquarebarristers.co.uk

Asbestos: Breach, Causation and Damages, David Kearns v Delta Steeplejacks Limited [2017] EWHC 149 (QB) – Zenith PI Blog

Posted February 15th, 2017 in apportionment, asbestos, causation, damages, news, personal injuries by sally

‘Where an apportionment for exposure to asbestos was carried out using a time based apportionment as opposed to a dose based apportionment.’

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Zenith PI Blog, 15th February 2017

Source: www.zenithpi.wordpress.com

Jane Collins defamation case: Labour Rotherham MPs awarded £54,000 – BBC News

Posted February 7th, 2017 in costs, damages, defamation, news, parliament, political parties, speeches by sally

‘Three Labour MPs have each won £54,000 High Court defamation damages from UKIP MEP Jane Collins over remarks she made about Rotherham’s child abuse scandal.’

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BBC News, 6th February 2017

Source: www.bbc.co.uk

Special Damages: Discount for Gratuitous Care; Dog Walking; Carers’ “Perks”; and Care Requirements on Ageing – Mehmetemin v Farrell – Zenith PI Blog

Posted February 7th, 2017 in damages, news, personal injuries by sally

‘On 27.1.17 Sir Robert Nelson, in the High Court, gave judgment in Sandra Mehmetemin v Craig Farrell [2017] EWCH 103 QB, after the four-day hearing of a claim for damages for serious personal injuries arising out of a serious road traffic accident on 14.12.09, including a substantial care claim.’

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Zenith PI Blog, 6th February 2017

Source: www.zenithpi.wordpress.com

Oxford University to face £1m landmark trial brought by student who failed to get a first – The Independent

Posted January 23rd, 2017 in damages, economic loss, news, universities by sally

‘The University of Oxford is to face a landmark trial following a £1m compensation claim filed by a former student after he failed to graduate with a first-class degree.’

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The Independent, 23rd January 2017

Source: www.independent.co.uk

To be able or not to be able : Capacity issues in personal injury litigation part 1 – Zenith PI Blog

Posted January 20th, 2017 in Court of Protection, damages, disabled persons, litigation friends, news, personal injuries by sally

‘This article is the first in a series of 2, dealing with the question of capacity in PI litigation particularly, and civil proceedings generally.’

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Zenith PI Blog, 18th January 2017

Source: www.zenithpi.wordpress.com

Judges set to rule on Taliban bomb maker suing UK government – Daily Telegraph

Posted January 16th, 2017 in Afghanistan, armed forces, compensation, damages, detention, human rights, Iraq, judgments, news, Supreme Court, terrorism by sally

‘The Supreme Court is expected this week to make it more difficult for former Taliban fighters to sue the Government over their detention in Afghanistan.’

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Daily Telegraph, 14th January 2017

Source: www.telegraph.co.uk

Court orders exemplary damages in fundamental dishonesty case – Litigation Futures

Posted January 11th, 2017 in accidents, costs, damages, fraud, insurance, judges, news, road traffic by sally

‘A district judge in Manchester has made an award of exemplary damages after finding road traffic accident claimants guilty of bringing fundamentally dishonest claims.’

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Litigation Futures, 10th January 2017

Source: www.litigationfutures.com

Government forecast on impact of PI reforms “skewed against lawyers”, say economists – Legal Futures

Posted January 9th, 2017 in civil justice, consultations, damages, insurance, news, personal injuries, small claims, solicitors by sally

‘The government’s own assessment of the impact of its planned personal injury reforms “makes the implicit assumption that solicitors, and the civil justice system as a whole, produce no benefits to society”, according to independent economists.’

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Legal Futures, 9th January 2017

Source: www.legalfutures.co.uk

Future loss of earnings (Ogden vs Smith v Manchester approach), loss of congenial employment, material contribution test: A review of the decision in Kennedy v London Ambulance Service NHS Trust [2016] EWHC 3145 (QB) – Zenith PI Blog

Posted January 6th, 2017 in damages, news, personal injuries, post-traumatic stress disorder by tracey

‘This was a case of carbon monoxide poisoning. Liability was admitted; the matter was listed for an assessment of damages hearing. The interesting part of the decision is yet another example of the need not to focus too rigidly on the Ogden tables (multiplier/multiplicand) approach. It also provides a useful review of the case law concerning the material contribution test.’

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Zenith PI Blog, 6th January 2017

Source: www.zenithpi.wordpress.com