Businessman wins payout after police wrongly brand him a paedophile – Daily Telegraph

Posted November 14th, 2016 in damages, indecent photographs of children, malicious prosecution, news, police by tracey

‘An innocent businessman wrongly branded a paedophile when child abuse images were found on his laptop has won a damages payout from police after it emerged a virus was to blame.’

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Daily Telegraph, 14th November 2016

Source: www.telegraph.co.uk

CA ruling on fixed fees to have ‘substantial’ effect – Law Society’s Gazette

Posted November 14th, 2016 in civil procedure rules, costs, damages, fees, insurance, news, personal injuries by tracey

‘The Court of Appeal delivered some good news to claimants last week with a ruling on the level of fees that apply to cases listed for disposal, in a decision that Lord Justice Briggs said would have a “substantial” cumulative effect.’

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Law Society’s Gazette, 14th November 2016

Source: www.lawgazette.co.uk

Paralysed teenager wins £3m legal battle with implications for every horse owner – The Independent

Posted November 14th, 2016 in damages, horses, news, personal injuries, young persons by tracey

‘A teenager has won a £3m legal battle against her ex-boyfriend’s family after she fell off a “badly trained” horse and broke her back.’

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The Independent, 12th November 2016

Source: www.independent.co.uk

Exemplary Damages in the Tort of Deceit – Park Square Barristers

Posted November 9th, 2016 in civil procedure rules, costs, damages, deceit, fraud, insurance, news by sally

‘On the 1st November 2016 at Manchester County Court Toby Coupe, instructed by Toby Evans (Partner, Keoghs LLP) and Richard Harvey (Senior Claims Handler, Zurich Insurance PLC) to act on behalf of Zurich Insurance PLC (‘Zurich’), obtained an order that the Claimants and the Second Defendant do pay Zurich £5,000 in exemplary damages and £16,844.04 in indemnity costs, such costs to be enforceable to the full extent of the Order pursuant to CPR 44.16 (1), on the basis that the claims had been found to be fundamentally dishonest.’

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Park Square Barristers, 2nd November 2016

Source: www.parksquarebarristers.co.uk

McGill v Sports and Entertainment Media Group and others – WLR Daily

Posted November 8th, 2016 in agency, appeals, contracts, damages, law reports, sport by sally

McGill v Sports and Entertainment Media Group and others [2016] EWCA Civ 1063

‘The claimant, a licensed football agent, brought proceedings against a football player seeking damages for breach of contract, claiming that he had negotiated a transfer deal for the player under an oral contract, but that another agent, having induced the player to breach his contract with the claimant, had made the deal with the new club itself and received the fee of £300,000, thereby depriving the claimant of his fee for the work which he had done. The claim was settled in 2009 with payment of £50,000 to the claimant in full and final settlement. In 2012 the claimant brought an action against the first to fourth defendants, being the agent which had allegedly induced the breach of contract and three individuals associated with it, and the fifth to ninth defendants, being the club to which the player had transferred and four individuals associated with it. The claim was for, inter alia, the torts of inducing a breach of contract, breach of confidence and unlawful means conspiracy. The judge found that all the ingredients of the causes of action for inducement of breach of contract and unlawful means conspiracy were made out apart from causation and loss, and dismissed all the claims.’

WLR Daily, 12th October 2016

Source: www.iclr.co.uk

Tribunal starts hearing competition law action brought against Law Society – Legal Futures

‘The Competition Appeal Tribunal will today begin hearing a training provider’s claim that the Law Society acted anti-competitively by requiring law firms to buy its own training in order to maintain their Conveyancing Quality Scheme (CQS) accreditation.’

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Legal Futures, 8th November 2016

Source: www.legalfutures.co.uk

Celebrity injunction: Sun on Sunday publisher makes payment – BBC News

Posted November 7th, 2016 in damages, injunctions, media, news by sally

‘The publisher of the Sun on Sunday has agreed to make a payment to a celebrity who won the right to keep his name out of a “kiss and tell” story.’

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BBC News, 4th November 2016

Source: www.bbc.co.uk

One direction – New Law Journal

Posted October 31st, 2016 in costs, damages, news, part 36 offers, personal injuries by sally

‘Kerry Underwood examines qualified one-way costs shifting.’

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New Law Journal, 18th October 2016

Source: www.newlawjournal.co.uk

Michael Barrymore ‘wins legal battle over wrongful pool death arrest’ – Daily Telegraph

Posted October 27th, 2016 in damages, murder, news, wrongful arrest by sally

‘Michael Barrymore has won his claim that police wrongfully arrested him over the murder of a man found dead in his swimming pool, it has been reported.’

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Daily Telegraph, 27th October 2016

Source: www.telegraph.co.uk

Quantifying Damages for Breach of Privacy – UK Human Rights Blog

Posted October 26th, 2016 in damages, data protection, human rights, news, privacy by sally

‘In October 2013, the Home Office published statistics on its family returns process, the means by which children with no right to remain in the UK are sent back to their country of origin. In addition to anonymised statistics uploaded onto the government website, the Home Office mistakenly uploaded the spreadsheet of raw data on which those statistics were based. That spreadsheet included personal details such as names and rough geographical locations of applicants for asylum or leave to remain, though not their addresses. The data was online for 13 days before being removed, but a number of IP addresses in the UK and abroad visited the relevant web page. Those concerned were notified, and brought claims under the Data Protection Act 1998 and the common law tort of misuse of private information.’

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UK Human Rights Blog, 25th October 2016

Source: www.ukhumanrightsblog.com

Philip Turvey wins defamation settlement against Daniel Curran of Heir Hunters – The Guardian

Posted October 20th, 2016 in costs, damages, defamation, media, news by tracey

‘TV genealogist to pay damages after conceding that rival was maligned by campaign to circulate false information.’

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The Guardian, 19th October 2016

Source: www.guardian.co.uk

New High Court judgment on privacy and data protection damages – Panopticon

Posted October 11th, 2016 in compensation, damages, data protection, news, privacy by sally

‘One of the major evolving issues in privacy and data protection law concerns the assessment of damages: when someone suffers a breach of their privacy or DP rights, how do you go about deciding how much money to award them by way of compensation?’

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Panopticon, 10th October 2016

Source: www.panopticonblog.com

Material Contribution – Carder v University Of Exeter (2016) – Zenith PI

Posted October 7th, 2016 in asbestos, damages, news, personal injuries by tracey

‘Albert Victor Carder v University Of Exeter [2016] EWCA Civ 790. The Court of Appeal held that an asbestosis sufferer was entitled to recover damages from an employer who had contributed 2.3% of his overall exposure to asbestos dust. The contribution, whilst undoubtedly very small, had materially contributed to the respondent’s medical condition and was not de minimis.’

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Zenith PI, 5th October 2016

Source: www.zenithpi.wordpress.com

High Court calls for change in bereavement law to benefit cohabitees – The Guardian

Posted September 22nd, 2016 in accidents, bereavement, cohabitation, damages, news by sally

‘Under the Fatal Accidents Act 1976 those who live together but are not married are not entitled to damages for bereavement. The High Court has found that though this did not directly engage the right to family life and privacy under Article 8, the difference in treatment between cohabitees and those who were married or in a civil partnership could not be justified and consideration should be given to reforming the law.’

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The Guardian, 21st September 2016

Source: www.guardian.co.uk

Accident abroad but claim commenced here against MIB – damages are to be assessed in accordance with the law of the state where accident occurred – Zenith PI Blog

‘Miss Moreno was injured in an RTA in Greece by an uninsured driver. Liability was admitted. Miss Moreno brought a claim against the MIB in the UK as is permissible under the various Council Directives of the EU (culminating in the Sixth Directive 2009/103/EC) and consequent Regulations that implement those directives in the UK.’

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Zenith PI Blog, 12th September 2016

Source: www.zenithpi.wordpress.com

Improperly obtained freezing order can prove costly, says expert – OUT-LAW.com

Posted August 31st, 2016 in damages, disclosure, freezing injunctions, injunctions, news by sally

‘A company that obtained a freezing injunction which prevented a businessman from investing his assets has been told it will have to pay “tens of millions of dollars” in damages by the High Court in London.’

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OUT-LAW.com, 31st August 2016

Source: www.out-law.com

Met police breached data protection laws to spy on own officer – Daily Telegraph

Posted August 25th, 2016 in damages, data protection, human rights, London, news, police by sally

‘Scotland Yard breached data protection laws to spy on one of its own officers while she was on sick leave, it has emerged.’

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Daily Telegraph, 24th August 2016

Source: www.telegraph.co.uk

When it comes to unsettling settlements, everybody needs good neighbours: Hayward v Zurich Insurance Co [2016] EWCA Civ 327 – Park Square Barristers

‘On 27th July 2016 the Supreme Court handed down their Judgment in the case of Hayward. The case was concerned with whether or not a Defendant, who had settled a personal injury claim despite pleading that the same was exaggerated, could later seek to set aside that settlement on the basis that new evidence of fraud arose.’

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Park Square Barristers, 12th August 2016

Source: www.parksquarebarristers.co.uk

An expensive mistake: defendant to discontinued action sanctioned in costs for failure to comply with the pre-action protocol – Zenith PI Blog

‘Although a first instance decision of a district judge, the case of Nicole Chapman v Tameside Hospital NHS Foundation Trust (Bolton County Court, 15 June 2016, Case number B74YM281) warrants some attention. The defendant was ordered to pay the unsuccessful claimant’s fixed costs on discontinuance because of its failure to comply with the pre-action protocol.’

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Zenith PI Blog, 23rd August 2016

Source: www.zenithpi.wordpress.com

Landlords behaving badly – Nearly Legal

‘While the Magistrates Courts continue to hand out paltry fines to landlords on conviction for illegal eviction, despite the removal of the upper £5000 limit, it is good to see that the civil courts are capable of taking a more reasonable approach to quantum.’

Full story

Nearly Legal, 13th August 2016

Source: www.nearlylegal.co.uk