John v Central Manchester and Manchester Children’s University Hospitals NHS Foundation Trust – WLR Daily

Posted March 7th, 2016 in causation, contribution, damages, delay, law reports, negligence, personal injuries by tracey

John v Central Manchester and Manchester Children’s University Hospitals NHS Foundation Trust: [2016] EWHC 407 (QB)

‘The claimant suffered a head injury and was taken to a hospital managed by the defendant. A CT scan was performed some six hours after his admission and he was transferred to another hospital where he underwent surgery. He was left with cognitive and neuropsychological deficits. He claimed damages in negligence against the defendant contending, inter alia, that the defendant’s negligent delay in undertaking the CT scan had resulted in a period of raised intra-cranial pressure which had caused or materially contributed to his brain damage. The defendant contended that only if the claimant could establish that damaging raised intra-cranial pressure caused by the defendant’s negligence had caused his brain injury that, applying the classic “but for” test of causation, he could recover as against the defendant, and that it was insufficient to establish “material contribution”.’

WLR Daily, 16th March 2016

Source: www.iclr.co.uk

CA strikes down judge’s decision not to award 10% Simmons uplift – Litigation Futures

Posted March 4th, 2016 in appeals, costs, damages, judiciary, legal aid, news, personal injuries by tracey

‘A circuit judge was wrong to believe he had discretion not to apply the post-LASPO 10% uplift in damages, the Court of Appeal has ruled.’

Full story

Litigation Futures, 3rd March 2016

Source: www.litigationfutures.com

LIBOR case transferred to Financial List despite need for new judge – Litigation Futures

Posted March 1st, 2016 in banking, case management, courts, damages, financial regulation, interest, judges, news by sally

‘A claim against Royal Bank of Scotland (RBS), including allegations of rigging the LIBOR rate, has been transferred to the new Financial List even though the move means bringing in a new judge.’

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Litigation Futures, 1st March 2016

Source: www.litigationfutures.com

Supreme Court rejects ‘illogical’ precedent on death payments – Law Society’s Gazette

Posted February 25th, 2016 in accidents, appeals, asbestos, damages, news, personal injuries, Supreme Court by sally

‘The Supreme Court has ruled that a mesothelioma victim’s family was under-compensated because of the date when damages were calculated.’

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Law Society’s Gazette, 24th February 2016

Source: www.lawgazette.co.uk

Supreme Court rewrites law on multipliers in fatal accident cases – Legal Futures

‘The Supreme Court has overturned two House of Lords judgments in ruling that the multiplier in assessing damages for fatal accident claims should be calculated from the date of the trial, not the date of death.’

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Litigation Futures, 24th February 2016

Source: www.litigationfutures.com

Fraudulent credit hire claim leads to successful tort of deceit claim for costs of investigating such credit hire & exemplary damages – Park Square Barristers

Posted February 24th, 2016 in damages, deceit, fraud, insurance, news, personal injuries, road traffic by sally

‘Judy Dawson discusses how a combination of a quick witted insurer claims handler, a tenacious solicitor, and the expertise of the Park Square Barristers Civil Fraud Team led to a successful result against a fraudulent Claimant.’

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Park Square Barristers, 2nd February 2016

Source: www.parksquarebarristers.co.uk

Illegal counterfactuals: bringing in new claims by the backdoor? – Competition Bulletin from Blackstone Chambers

Posted February 24th, 2016 in banking, competition, damages, illegality, news, utilities by sally

‘It is fairly well-established in competition cases that the hypothetical counterfactual – which, for the purposes of causation, posits what the situation would have been absent any breach of competition law – cannot contain unlawful elements: see e.g. Albion Water Ltd v Dwr Cymru [2013] CAT 6. In a normal case, C will claim damages, arguing – let’s say – that D abused a dominant position by imposing discriminatory prices. D defends the claim on the basis that, absent any abuse, it would have set prices at a certain (high) level. C replies that those prices too would have been discriminatory – i.e. the counterfactual is inappropriate.’

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Competition Bulletin from Blackstone Chambers, 24th February 2016

Source: www.competitionbulletin.com

Woman sues London pub for £4.2m after tripping in beer garden – The Guardian

Posted February 23rd, 2016 in appeals, damages, news, personal injuries by sally

‘An HR consultant who fractured her wrist tripping over a rope outside one of London’s best-known gastropubs is suing its owners for £4.2m.’

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The Guardian, 22nd February 2016

Source: www.guardian.co.uk

Let’s call it quits: Cruise ships, capital losses and mitigation – Commercial Disputes Blog

Posted February 22nd, 2016 in appeals, arbitration, charterparties, contracts, damages, news, ships by sally

‘In its recent judgment in Fulton Shipping Inc of Panama –v- Globalia Business Travel SAU the Court of Appeal considered a short, but important, point of law in relation to the calculation of damages in English law. The context in which it arose was an appeal from the decision of an arbitrator in a shipping charterparty dispute, but it is of significance much more widely in relation to English law contractual damages claims. In some ways, the question of principle which was being considered is remarkably simple, but that belies the complexity of the considerations needed to resolve it. ‘

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Commercial Disputes Blog, 17th February 2016

Source: www.rpc.co.uk

One man’s loss is another man’s gain: choice of law rules for unjust enrichment claims – Commercial Disputes Blog

Posted February 22nd, 2016 in arbitration, conflict of laws, damages, EC law, fraud, news, restitution by sally

‘In a recent case, the English Commercial Court has determined that a claim in restitution based on unjust enrichment was governed by English law pursuant to EU Regulation 864/2007 (Rome II) and not the law of Geneva.’

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Commercial Disputes Blog, 19th February 2016

Source: www.rpc.co.uk

Paul Burrell wins £5k damages from Max Clifford – The Guardian

Posted February 22nd, 2016 in confidentiality, damages, media, news, privacy by sally

‘Former royal butler Paul Burrell has won a high court privacy action against PR agent Max Clifford.’

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The Guardian, 19th February 2016

Source: www.guardian.co.uk

Celebrities, the Media and the Personal Data Privacy Wars – Gresham College

Posted February 18th, 2016 in damages, data protection, EC law, legislation, media, news, privacy by sally

‘The Data Protection Act 1998 (DPA) should properly have been called the Data Privacy Act: it is about privacy of personal data and not merely its security. Recent cases – if successful for the claimants – will change the litigation landscape for everyone.’

Transcript

Gresham College, 27th January 2016

Source: www.gresham.ac.uk

Pursuing damages for bribery in the civil courts – OUT-LAW.com

‘Under the 2010 Bribery Act, bribery is a criminal offence and companies are required to have in place adequate procedures in order to prevent those associated with them from undertaking bribery. Adequate procedures provide the company with a defence to the criminal offences set out in the Act. However, what is often overlooked is the ability of the company to pursue both the recipient of the bribe as well as the briber for its financial losses and, in some cases, damages for fraud.’

Full story

OUT-LAW.com, 16 February 2016

Source: www.out-law.com

Without prejudice privilege – Law Society’s Gazette

‘The ‘without prejudice’ privilege refers to the inadmissibility of any party communications targeted toward settlement. The objective of this privilege is to encourage parties engaging in settlement consideration, by ensuring any information disclosed in the pursuit of settlement cannot be submitted in litigation proceedings (see Lord Griffiths in Rush & Tomkins v GLC [1989] 1 AC 1280).’

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Law Society’s Gazette, 15th February 2016

Source: www.lawgazette.co.uk

Court of Appeal reaffirms death of “near miss” rule for part 36 offers – Litigation Futures

Posted February 15th, 2016 in appeals, costs, damages, news, part 36 offers, professional conduct by sally

‘There is no longer a “near miss” rule for part 36 offers, appeal judges have made clear as they overturned a High Court decision which seemed to suggest that there was one.’

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Litigation Futures, 15th February 2016

Source: www.litigationfutures.com

Part 36 offer which did not reflect “available outcome” was valid – Litigation Futures

Posted February 11th, 2016 in costs, damages, news, part 36 offers by sally

‘A part 36 offer which did not reflect an “available outcome of the litigation” was nonetheless valid, the High Court has ruled.’

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Litigation Futures, 10th February 2016

Source: www.litigationfutures.com

‘Steps of court’ settlement was not negligent, court rules – OUT-LAW.com

‘A barrister and firm of solicitors did not act negligently when they advised a client to settle her road traffic accident (RTA) claim after her main witness failed to attend court, the High Court has ruled.’

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OUT-LAW.com, 8th February 2016

Source: www.out-law.com

Transgender couple win council payout for defamation – Daily Telegraph

‘A transgender couple who claim local villagers subjected them to a campaign of harassment won damages from the council after defamatory comments were published on its website.’

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Daily Telegraph, 8th February 2016

Source: www.telegraph.co.uk

Further shots fired in the long-running battle between credit hire companies and insurers… Zenith PI Blog

Posted February 8th, 2016 in appeals, consumer credit, contracts, damages, insurance, news by tracey

‘Credit hire litigation is rife with technical arguments which have been accused of being “layers of artificiality” (by Judge Mackie in W v Veolia Environmental Services (UK) Plc [2011] EWHC 2020 (QB), [2012] 1 All E.R. (Comm) 667).’

Full story

Zenith PI Blog, 8th February 2016

Source: www.zenithpi.wordpress.com

Dismissed NHS whistleblower who exposed safety concerns handed £1.22m – The Guardian

Posted February 5th, 2016 in damages, health & safety, hospitals, news, unfair dismissal, whistleblowers by tracey

‘An NHS whistleblower who was unfairly sacked after exposing concerns about patient safety has been awarded £1.22m in damages by a hospital trust.’

Full story

The Guardian, 4th February 2016

Source: www.guardian.co.uk