CAT gives judgment on the first ‘opt out’ competition damages collective proceedings – Blackstone Chambers

Posted April 6th, 2017 in appeals, competition, consumer protection, damages, news by sally

‘The Competition Appeal Tribunal (‘CAT’) gave judgment on 31 March 2017 on the first ever application for a Collective Proceedings Order under the new competition damages collective action procedures introduced by the Consumer Rights Act 2015.’

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Blackstone Chambers, 6th April 2017

Source: www.blackstonechambers.com

Former top judge sounds alarm over “flawed and rushed” discount rate consultation – Litigation Futures

Posted April 6th, 2017 in consultations, damages, judges, news, personal injuries by sally

‘A former senior judge has expressed alarm at the way the government is rushing to “neutralise” the impact of the Lord Chancellor’s decision to cut the discount rate to -0.75%, based on what he says is a flawed consultation and without considering the effect on injured people.’

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Litigation Futures, 6th April 2017

Source: www.litigationfutures.com

Rule 16.3(7) – Statement of under value to be included in the claim form? – 4 KBW

‘Sir David Eady J delivered a judgment on 30 March in the case of Mohamed Ali Harrath v Stand for Peace Limited and Samuel Westrop [2017] EWHC 653 (QB) (available here) in which he held that a claimant is entitled to recover damages that exceed the statement of value included in the claim form.’

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4 KBW, 30th March 2017

Source: www.4kbw.net

Competition tribunal rejects bid to throw out first opt-out class action application – Litigation Futures

‘The Competition Appeal Tribunal (CAT) has rejected strenuous attempts to dismiss the first application to certify an opt-out class action under the new collective proceedings procedure.’

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Litigation Futures, 5th April 2017

Source: www.litigationfutures.com

Children: Public Law Update (March 2017) – Family Law Week

Posted March 30th, 2017 in children, damages, human rights, news by sally

‘John Tughan QC of 4 Paper Buildings focuses on recent decisions relating to claims for damages (and other relief) under the Human Rights Act 1998.’

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Family Law Week, 28th March 2017

Source: www.familylawweek.co.uk

Katie Hopkins cannot appeal Jack Monroe libel tweet case – BBC News

Posted March 30th, 2017 in appeals, costs, damages, defamation, media, news by sally

‘Columnist Katie Hopkins has been told she cannot appeal against a libel action which landed her with a six-figure bill.’

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BBC News, 29th March 2017

Source: www.bbc.co.uk

Special Damages for Physiotherapy Costs: Rates Limited to the Charges of the Physiotherapist Offered by the Defendant’s Insurers – Zenith PI Blog

Posted March 23rd, 2017 in costs, damages, insurance, news, personal injuries, physiotherapists, rehabilitation by sally

‘On 22.3.17 I represented the Defendant’s insurers at a Stage 3 road traffic accident assessment of damages hearing before Deputy District Judge Lingard in the Leeds County Court, at which the rates of charge recoverable for physiotherapy treatment received by the Claimant were limited to the rates charged by the physiotherapist whose treatment was offered by the Defendant’s insurers.’

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Zenith PI Blog, 22nd March 2017

Source: www.zenithpi.wordpress.com

Gym goer who complained music was not motivating wins damages after an instructor humiliated him over microphone for complaint – Daily Telegraph

‘A fitness enthusiast who complained his gym’s music was not motivating enough has won damages after an instructor humiliated him over a microphone for complaining.’

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Daily Telegraph, 22nd March 2017

Source: www.telegraph.co.uk

“We’ve gone for moderate options to reform PI,” says justice minister – Legal Futures

Posted March 21st, 2017 in bills, compensation, damages, news, personal injuries, road traffic, small claims by sally

‘The increase in whiplash claims at a time of falling road traffic accidents and improving car safety means that “cases are obviously exaggerated to some extent, and perhaps fraudulent”, justice minister Sir Oliver Heald said yesterday as he defended the government’s “moderate” personal injury reform proposals during the second reading of the Prisons and Courts Bill.’

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Legal Futures, 21st March 2017

Source: www.legalfutures.co.uk

NHS trust triples injury payout to £9.3m under controversial new rules – The Guardian

‘The first case settled under controversial new compensation rules for serious injuries has seen an NHS trust forced to nearly triple its payout to a 10-year-old girl left with cerebral palsy from £3.8m to £9.3m.’

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The Guardian, 20th March 2017

Source: www.guardian.co.uk

Rape, incest and damage: but who is the real victim? – UK Human Rights Blog

‘Criminal Injuries Compensation Authority v First Tier Tribunal (Social entitlement Chamber) and Y by his mother and Litigation Friend.’ The predictability of genetic disorders continues to challenge existing law. Here, the Court of Appeal had to consider whether a child born as a result of incestuous rape could claim compensation under the Criminal Injuries Compensation Scheme (CICS) for his congenital disabilities. These were 50% predictable as a result of the nature of his conception, as opposed to 2-3% in the general population.’

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UK Human Rights Blog, 15th March 2017

Source: www.ukhumanrightsblog.com

£2 damages winner faces costs bill for nine-day hearing – Law Society’s Gazette

Posted March 15th, 2017 in costs, damages, data protection, misuse of private information, news by sally

‘A claimant who secured £2 in nominal damages has been told they face a substantial costs bill for turning down an earlier offer to settle.’

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Law Society’s Gazette, 14th March 2017

Source: www.lawgazette.co.uk

Jack Monroe wins Twitter libel case against Katie Hopkins – The Guardian

Posted March 13th, 2017 in costs, damages, defamation, internet, news by sally

‘The writer and food blogger Jack Monroe has won a libel action against the Daily Mail columnist Katie Hopkins and been awarded £24,000 damages, in a row over tweets suggesting Monroe approved of defacing a war memorial during an anti-austerity demonstration in Whitehall.’

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The Guardian, 10th March 2017

Source: www.guardian.co.uk

Child asylum seekers may have been illegally detained, rules court – The Guardian

Posted March 10th, 2017 in asylum, children, damages, detention, news by sally

‘The government could be found to have illegally detained many child asylum seekers after a landmark ruling in the court of appeal said immigration officers could not simply disbelieve the stated age of refugees.’

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The Guardian, 9th March 2017

Source: www.guardian.co.uk

Church liability: fall from ladder – Law & Religion UK

‘On 3 March 2017, the Court of Appeal (Civil) Division handed down the judgment in Casson v Hudson & Anor [2017] EWCA Civ 125 in relation to a claim for damages following a fall from a ladder during the painting of a church hall. The case highlights the potential liabilities faced by incumbents and PCCs in relation to persons undertaking work on premises for which they are responsible.’

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Law & Religion UK, 8th March 2017

Source: www.lawandreligionuk.com

ATE insurer escapes £320,000 costs liability because of policy breaches – Litigation Futures

Posted March 7th, 2017 in contracts, costs, damages, insurance, news by sally

‘An after-the-event insurer (ATE) has escaped liability to pay out £320,000 after the High Court found that its insured had breached four conditions precedent in the policy.’

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Litigation Futures, 7th March 2017

Source: www.litigationfutures.com

Class certification hearings – Law Society’s Gazette

Posted March 6th, 2017 in class actions, competition, damages, news, third parties, tribunals by sally

‘After a wait of more than a year from the introduction of class actions in the UK, there were two class certification hearings before the UK’s Competition Appeal Tribunal (CAT) in just over a month. Although in each case the CAT has yet to hand down its certification decision, the hearings have given some clear signals about how the CAT sees the regime.’

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Law Society’s Gazette, 6th March 2017

Source: www.lawgazette.co.uk

Row erupts after rich pensioner erects barricade to block off neighbour’s £2m home – Daily Telegraph

Posted March 3rd, 2017 in damages, injunctions, news, privacy, right to light by sally

‘A rich pensioner is locked in a bizarre neighbours war with a cutting-edge architect and her partner, after erecting a huge wooden barricade that blocks off the windows and back door of their innovative £2 million house.’

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Daily Telegraph, 2nd March 2017

Source: www.telegraph.co.uk

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 sally

‘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 sally

‘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