County council defends High Court claim brought after driver killed by falling tree – Local Government Lawyer

‘Hampshire County Council was not in breach of its duty, nor was it negligent when a tree fell onto a road killing a father of three, the High Court has ruled.’

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Local Government Lawyer, 29th April 2022

Source: www.localgovernmentlawyer.co.uk

Case Preview: Stanford International Bank Ltd (In Liquidation) v HSBC Bank Plc – UKSC Blog

Posted April 27th, 2022 in appeals, banking, damages, debts, insolvency, liquidators, news, Supreme Court by sally

‘On 19 January 2022, the Supreme Court heard the appeal in Stanford International Bank Ltd (In Liquidation) v HSBC Bank Plc. The appeal turns on whether a company in liquidation can be considered to have suffered loss where, while it is still trading, its bank pays money out of the company’s accounts to discharge debts owed by the company. It is likely that this case will further set out the limits of the Quincecare duty, following a spate of recent high-profile cases in this area.’

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UKSC Blog, 26th April 2022

Source: ukscblog.com

Teacher wins £850k settlement following classroom assault – Local Government Lawyer

‘A teacher who was assaulted by a student has been awarded £850,000 in compensation following a personal injury claim, his union has reported.’

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Local Government Lawyer, 19th April 2022

Source: www.localgovernmentlawyer.co.uk

Rape victims failed by UK criminal courts are being forced to seek justice elsewhere – The Guardian

Posted April 19th, 2022 in civil justice, damages, news, private prosecutions, prosecutions, rape, victims by sally

‘With prosecutions at an all-time low, some women are turning to civil courts – but the process can be difficult and expensive.’

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The Guardian, 19th April 2022

Source: www.theguardian.com

Artist injured by stolen motorbike awarded £3m damages after High Court trial – The Independent

‘An artist who wanted around £30 million damages after suffering a serious head injury when he was hit by a stolen motorcycle more than six years ago has been awarded about £3 million by a High Court judge.’

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The Independent, 14th April 2022

Source: www.independent.co.uk

London teacher awarded £850,000 after pupil’s attack – The Guardian

‘A London teacher has been awarded £850,000 in compensation after being punched in the face and kicked during a science lesson by a pupil with a history of violence towards other children and teachers.’

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The Guardian, 14th April 2022

Source: www.theguardian.com

Rochdale grooming: Abused women receive police damages – BBC News

‘Three women who were groomed, raped and abused by gangs of men in Rochdale have received “substantial” damages and an apology from Greater Manchester Police.’

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BBC News, 12th April 2022

Source: www.bbc.co.uk

Dog-walking Dorset Police officer faked injury for £150k – BBC News

‘A former police officer who feigned injury and claimed almost £150,000 from the force has been found guilty of gross misconduct.’

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BBC News, 11th April 2022

Source: www.bbc.co.uk

Future loss of earnings or Smith v Manchester? – Exchange Chambers

Posted April 8th, 2022 in accidents, chambers articles, damages, news, personal injuries by sally

‘The decision of Anthony Metzer QC (sitting as a Deputy High Court Judge) in Natasha Palmer v Seferif Mantas and Liverpool Victoria Insurance Co. Ltd [2022] EWHC 90 (QB) provides a helpful analysis of the interplay between a Smith v Manchester award of general damages for disadvantage on the open labour market and a future loss of earnings claim calculated on a multiplier / multiplicand basis.’

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Exchange Chambers, 31st March 2022

Source: www.exchangechambers.co.uk

Credibility: A divisible concept? – Exchange Chambers

‘Alice Dobbie considers how credibility was approached by the courts in two recent cases: Cojanu v Essex Partnership University NHS Trust [2022] EWHC 197 and Palmer v Mantas and LV Insurance [2022] EWHC 90.’

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Exchange Chambers, 31st March 2022

Source: www.exchangechambers.co.uk

Slipping Claims and Evidential Burdens – Ropewalk Chambers

‘The law in slipping cases is, in theory, settled and straightforward. One question that often arises in practice, however, is whether the defendant bears an evidential burden of proving that it had in place a proper and adequate system. It is a misconception that say that such a burden always arises in this context.’

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Ropewalk Chambers, 23rd March 2022

Source: www.ropewalk.co.uk

Oxford college pays damages to woman after alleged rape by fellow student – The Guardian

‘A University of Oxford college has pledged to overhaul its handling of sexual assault cases after paying damages to settle a legal action taken by a woman who said she was raped by a fellow student.’

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The Guardian, 1st April 2022

Source: www.theguardian.com

Court of Appeal issues reminder that funding arrangements need to comply with strict rules – OUT-LAW.com

Posted March 28th, 2022 in appeals, assignment, champerty, damages, law firms, news, solicitors by tracey

‘The English and Welsh Court of Appeal has handed down a judgment which should act as a reminder for law firms that any innovative funding arrangements must comply with statutory rules or risk being declared void.’

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OUT-LAW.com, 25th March 2022

Source: www.pinsentmasons.com

Guidance on Applications for Interim Payments – Ropewalk Clinical Negligence Blog

Posted March 18th, 2022 in chambers articles, damages, medical treatment, negligence, news by tracey

‘In complex clinical negligence cases involving substantial damages and an uncertain prognosis, there is often an urgency on the part of claimants to access funds so as to procure immediate needs such as; treatment, care and suitable accommodation. There are two hurdles to that end goal, however: establishing liability, and the sheer length of time that it is now taking for matters to proceed through the courts to a final conclusion. Undoubtedly, the impact of the pandemic has not helped the latter obstacle, and indeed, has made it even more of a concern than it was before. In clinical negligence claims, cases are often case managed with elongated timetables to trial to allow for the gathering of expert opinion on both sides, joint statements etc.’

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Ropewalk Clinical Negligence Blog, 16th March 2022

Source: www.ropewalk.co.uk

Manchester police pay £8,000 to woman urged to drop rape claim – The Guardian

‘Greater Manchester police (GMP) have paid out £8,000 to a woman who reported being drugged and raped, only to be pressed into dropping the case without a proper investigation “because nothing will come of it”.’

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The Guardian, 4th March 2022

Source: www.theguardian.com

Greater Manchester Police pays £8,000 damages to rape complainant – BBC News

‘A woman who said “dismissive” police told her “nothing would come” out of reporting being raped after her drink was spiked has received £8,000 damages.’

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BBC News, 4th March 2022

Source: www.bbc.co.uk

Court of Appeal to start again in test case on deductions from PI damages – Legal Futures

Posted February 24th, 2022 in appeals, consent, costs, damages, fees, news, personal injuries, solicitors by sally

‘The much-anticipated hearing in CAM Legal v Belsner was scrapped yesterday after the Court of Appeal raised the possibility that pre-action legal work was contentious business for costs purposes.’

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Legal Futures, 24th February 2022

Source: www.legalfutures.co.uk

Briton gets high court go-ahead to sue Interpol chief over torture claim – The Guardian

‘A British football fan who claims he was tortured and falsely imprisoned in the United Arab Emirates in 2019 while on holiday there to watch Asian Cup matches is suing the new head of Interpol.’

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The Guardian, 8th February 2022

Source: www.theguardian.com

Mirror publisher makes £2m interim payment in ‘phone hacking’ litigation – Law Society’s Gazette

Posted February 7th, 2022 in costs, damages, interception, media, news, privacy, telecommunications by tracey

‘The publisher of the Daily Mirror and the People has agreed to make an interim payment of just over £2m on account of costs racked up in the most recent ongoing “phone hacking” litigation, which has seen nearly 600 claims settled so far.’

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Law Society's Gazette, 4th February 2022

Source: www.lawgazette.co.uk

Case Comment: Lloyd v Google LLC [2021] UKSC 50 – UKSC Blog

‘In this post, Kenny Henderson and Alex Askew of CMS comment on the Supreme Court’s decision in Lloyd v Google LLC [2021] UKSC 50, which concerned whether a representative data protection action seeking damages for loss of control of personal data could be brought on behalf of large numbers of unidentifiable class members.’

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UKSC Blog, 31st January 2022

Source: ukscblog.com