Time to comply – New Law Journal
‘Julia Messervy-Whiting & Sofia Lobosco outline the importance of compliance with court orders, directions and CPR.’
New Law Journal, 19th December 2016
Source: www.newlawjournal.co.uk
Category: damages
Bringing defamation case may have done company more harm than good, says expert – OUT-LAW.com
‘An aircraft charter company has recorded a “pyrrhic victory” in winning £10 in damages for defamatory comments made about the health of its finances by a rival aviation business, an expert has said.’
OUT-LAW.com, 19th December 2016
Source: www.out-law.com
Application for Permission to Bring Contempt Proceedings: A Useful Illustration (Aviva IInsurance Ltd V Randive) – Zenith PI Blog
‘In Aviva Insurance Ltd v Randive [2016] EWHC 3152 (QB). Slade J dealt with the Applicant’s application for permission to bring contempt proceedings against the Respondent. No new points of principle arise, but Slade J’s recitation of the existing principles and treatment of the issues in the case is a useful indication of how common RTA issues are treated in contempt proceedings.’
Zenith PI Blog, 15th December 2016
Source: www.zenithpi.wordpress.com
Transgender teen who cut parents out of his life wins payout after council let slip his new identity – Daily Telegraph
‘A transgender teenager who used human rights law to cut his parents out of his life has won thousands of pounds in compensation after a council official let slip his new identity.’
Daily Telegraph, 18th December 2016
Source: www.telegraph.co.uk
Former Army captain Rachel Webster to sue the Government over Ihat raid – Daily Telegraph
‘A decorated war veteran has made an emotional demand for the government to shut down its “witch hunt” into historic allegations of abuse in Iraq. Rachel Webster, a former captain, announced she was suing the Ministry of Defence over her wrongful arrest by investigators in January 2014.’
Daily Telegraph, 14th December 2016
Source: www.telegraph.co.uk
Caps off in court – a nasty surprise for copyright infringers – Technology Law Update
‘The Intellectual Property Enterprise Court, affectionately known as IPEC, is a popular choice for enforcement of intellectual property rights. It offers efficient, tailored procedures and a much more predictable costs regime than standard litigation. Costs awarded to a winning party are normally capped at £50,000 and are often well below this. But a recent decision shows that the costs cap can be disregarded when the rules encouraging early settlement are used. This could offer a major advantage to a claimant, and a nasty surprise for a defendant not willing to engage with settlement discussions.’
Technology Law Update, 14th December 2016
Source: www.technology-law-blog.co.uk
Clinical Negligence Appeal – Findings Must be Justified on the Evidence! – Zenith PI Blog
‘This was an appeal against an order made by His Honour Judge Davey QC in the Bradford County Court on 05/06/16 where the judge awarded damages in the sum of £14,378.47 to the Claimant/Respondent, Mrs Claire Worrall (C) against the Defendant/Appellant, Dr Antoniadou (D).’
Zenith PI Blog, 9th December 2016
Source: www.zenithpi.wordpress.com
Don’t try this at home – Nearly Legal
‘In which the court of appeal almost but not quite consider the notice requirements for licencees excluded from the Protection from Eviction Act 1977.’
Nearly Legal, 8th December 2016
Source: www.nearlylegal.co.uk
APIL legal threat forces Ministry of Justice to announce outcome of 2012 discount rate review – Litigation Futures
‘The government is finally set to announce the result of its review of the discount rate for personal injury claims – more than four years since issuing a consultation – in the face of legal action by the Association of Personal Injury Lawyers (APIL).’
Litigation Futures, 7th December 2016
Source: www.litigationfutres.com
Islands of jurisdiction for competition damages claims in a post-Brexit world – Blackstone Chambers
‘When the UK leaves the EU, the rules governing jurisdiction in cross-border competition damages claims will likely change. Most immediately, this will impact those who had acquired pre-Brexit causes of action for breach of statutory duty under section 2(1) of the European Communities Act 1972, based on Articles 101 and Articles 102 TFEU. The doctrine of acquired rights would preserve such causes of action;[1] but it is unlikely to preserve EU rules of jurisdiction in relation to them. Thereafter, the changes will impact those able to establish post-Brexit causes of action based on foreign laws, as Kieron Beal QC has explained. In either case, Claimants may wish to establish English jurisdiction, including as against EU domiciled defendants. This post considers some of the issues likely to be encountered.’
Blackstone Chambers, 22nd November 2016
Source: www.blackstonechambers.com
Babar Ahmad: Officers cleared to seek damages from Met Commissioner – BBC News
‘Four police officers who were “branded abusive thugs” for the way they arrested terror suspect Babar Ahmad have won the right to seek damages.’
BBC News, 30th November 2016
Source: www.bbc.co.uk
Afghanistan veteran wins landmark Q fever compensation claim – The Guardian
‘An Afghanistan war veteran who contracted Q fever has won a landmark compensation claim against the Ministry of Defence that could pave the way for payouts to others.’
The Guardian, 24th November 2016
Source: www.guardian.co.uk
“If You Prick Us, Do We Not Bleed?”: The Harassment of Cafcass and Local Authority Workers in Family Law Proceedings – Family Law Week
‘Bianca Jackson, barrister of Coram Chambers, sets out the civil remedies available to persons subjected to harassment.’
Family Law Week, 15th November 2016
Source: www.familylawweek.co.uk
High Court clarifies the position as regards claiming damages based on an extrapolated sample – OUT-LAW.com
‘A recent High Court decision will provide helpful guidance to parties that elect to use statistical sampling and extrapolation as a means to demonstrate entitlement to substantial damages.’
OUT-LAW.com, 21st November 2016
Source: www.out-law.com
Legal Aid Agency rapped over approach to damages payable to ward of court – Local Government Lawyer
‘A High Court judge has severely criticised the Legal Aid Agency (LAA)’s actions in a case concerning a ward of court to whom a local authority had agreed to pay damages for the unauthorised release of information.’
Local Government Lawyer, 17th November 2016
Source: www.localgovernmentlawyer.co.uk
Surveillance Skulduggery? – Zenith PI Blog
‘In Stewart v Kelly Blake J dealt with an application, made by a Defendant in a personal injury claim, to adduce surveillance evidence. The ex tempore judgment – currently available only in summary form – deals with the principles to be applied in relation to ambushes and surveillance.’
Zenith PI Blog, 15th November 2016
Source: www.zenithpi.wordpress.com
High Court rules on s.117 after-care services and personal injury damages – Local Government Lawyer
‘It is not open to a council to refuse to make provision for a person otherwise entitled to after-care services under s.117 of the Mental Health Act 1983 on the basis that the claimant is in receipt of damages for personal injury including for the cost of such care, a High Court judge has ruled.’
Local Government Lawyer, 14th November 2016
Source: www.localgovernmentlawyer.co.uk
Solicitor who lost his practice cleared to sue CPS and police for malicious prosecution – Legal Futures
‘The High Court has given the green light to a solicitor to pursue claims against the Crown Prosecution Service (CPS) and South Wales Police (SWP) for malicious prosecution and misfeasance in public office.’
Legal Futures, 15th November 2016
Source: www.legalfutures.co.uk
Businessman wins payout after police wrongly brand him a paedophile – Daily Telegraph
‘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.’
Daily Telegraph, 14th November 2016
Source: www.telegraph.co.uk
CA ruling on fixed fees to have ‘substantial’ effect – Law Society’s Gazette
‘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.’
Law Society’s Gazette, 14th November 2016
Source: www.lawgazette.co.uk
