damages – Page 50 – Current Awareness

Air freight damages claim struck out as “irresponsible” and lacking in authority – Zenith Chambers

Posted November 12th, 2015 in abuse of process, airlines, class actions, damages, news, striking out by sally

‘The High Court has struck out claims against British Airways for damages allegedly arising from the air freight cartel on the basis of lack of authority. The claim was issued on behalf of 64,697 claimants, all members of the Chinese Chamber of International Commerce (CCOIC), an organisation that issues certificates of origin when goods are exported from China.’

Zenith Chambers, 2nd November 2015

Source: www.zenithchambers.co.uk

Negligent valuation overturned, but security issuer entitled to sue, says court – OUT-LAW.com

Posted November 9th, 2015 in appeals, damages, mortgages, negligence, news, statistics, surveyors, valuation by sally

‘The Court of Appeal has suggested that a commercial mortgage-backed security (CMBS) issuer would be entitled to sue a surveyor for a potentially negligent valuation, despite overturning the finding of negligence itself.’

OUT-LAW.com, 6th November 2015

Source: www.out-law.com

Judge calls for fast-track civil contempt procedure after application is stymied by criminal trial – Litigation Futures

Posted November 4th, 2015 in civil justice, civil procedure rules, compensation, contempt of court, damages, delay, evidence, fraud, news, personal injuries by sally

‘A claimant found to have brought a bogus personal injury claim – but then cleared of fraud in the Crown Court – can only face civil contempt proceedings if there is new evidence, the High Court has ruled.’

Litigation Futures, 4th November 2015

Source: www.litigationfutures.com

Assessing Damages when the Claimant was Already Seriously Incapacitated: Court of Appeal Decision – Zenith PI Blog

Posted November 3rd, 2015 in appeals, damages, disabled persons, hospitals, negligence, news, personal injuries by sally

‘In Reaney -v- University Hospital of North Staffordshire NHS Trust [2015] EWCA Civ 1119 the Court of Appeal considered the appropriate approach to the award of damages when injuries are caused to a claimant who, prior to the defendant’s negligence, was already seriously disabled.’

Zenith PI Blog, 2nd November 2015

Source: www.zenithpi.wordpress.com

Council ordered to pay £40,000 to mother and child over human rights breaches – Local Government Lawyer

Posted October 30th, 2015 in care orders, children, damages, human rights, local government, news by sally

‘A Family Court judge has ordered a local authority to pay £20,000 in damages each to a mother and her seven-year-old daughter for breaches under the Human Rights Act.’

Local Government Lawyer, 29th October 2015

Source: www.localgovernmentlawyer.co.uk

Daily Mail owners challenge damages award to Paul Weller over photos of singer’s children – The Independent

Posted October 28th, 2015 in children, consent, damages, freedom of expression, human rights, intellectual property, media, news, photography, privacy by sally

‘The media’s right to publish images of the children of celebrities when they are out in public has re-emerged after the owners of the Daily Mail challenged an award of £10,000 in privacy damages to singer Paul Weller last year.’

The Independent, 27th October 2015

Source: www.independent.co.uk

Court of Appeal considers damages for privacy breaches – data protection to follow suit? – Panopticon

Posted October 21st, 2015 in appeals, compensation, damages, data protection, interception, media, news, privacy by sally

‘This week, the Court of Appeal is grappling with a difficult and important question: how do you value an invasion of privacy? In other words, where someone has suffered a breach of their privacy rights, how do you go about determining the compensation they should receive?’

Panopticon, 20th October 2015

Source: www.panopticonblog.com

University of Sussex to pay student protester £20,000 in damages – The Guardian

Posted October 16th, 2015 in damages, defamation, demonstrations, news, universities by sally

‘The University of Sussex has apologised to a former student, admitting there was “no truth” in its claim that he’d led an unlawful occupation of the university and carried out acts of criminal behaviour.’

The Guardian, 15th October 2015

Source: www.guardian.co.uk

Trial judge and costs. Ooops – Nearly Legal

Posted October 12th, 2015 in appeals, costs, damages, expert witnesses, housing, landlord & tenant, local government, misrepresentation, negligence, news, statutory duty by tracey

‘I’ve heard about a few costs decisions by trial judges recently which might be considered, to put it politely, interesting, or brave, in the Yes Minister sense. So it was with some interest that I read the Court of Appeal decision in Begum v Birmingham City Council [2015] EWCA Civ 386.’

Nearly Legal, 8th October 2015

Source: www.nearlylegal.co.uk

Detained asylum seeker entitled to damages, court rules – BBC News

Posted October 9th, 2015 in asylum, damages, detention, news, torture by tracey

‘An asylum seeker who says she fled from torture in Sudan is entitled to damages from the government after she was held unlawfully, the High Court has ruled.’

BBC News, 8th October 2015

Source: www.bbc.co.uk

Appeal court reopens case against collapsed firm – Law Society’s Gazette

Posted October 8th, 2015 in appeals, damages, land registration, law firms, negligence, news by sally

‘Collapsed Midlands firm Blakemores will face trial over a land registration dispute after the Court of Appeal reopened a case against it.’

Law Society’s Gazette, 7th October 2015

Source: www.lawgazette.co.uk

Knowledge of breach of confidence – New Square Chambers

Posted October 7th, 2015 in confidentiality, contract of employment, damages, news by sally

‘Such issues were central in Vestergaard A/S v Bestnet Europe Limited [2013] UKSC 31 (V v B). Shortly afterwards the Patents County Court (two months before it became the Intellectual Property Enterprise Court) had to decide in Pintorex Limited v Parax Limited [2013] EWPCC 36 (P v P), theliability of a sole director and sole shareholder of a company, by the application of the guidelines in Vestergaard. The Judge in P v P was Mr Recorder Alastair Wilson QC, who represented the successful respondents in V v B.’

New Square Chambers, 30th September 2015

Source: www.newsquarechambers.co.uk

Consumer Rights Act now in force in the UK – OUT-LAW.com

Posted October 5th, 2015 in consumer protection, damages, EC law, internet, news, time limits by sally

‘New consumer rights legislation has come into force in the UK.’

OUT-LAW.com, 2nd October 2015

Source: www.out-law.com

Private Actions: The CRA 2015 giveth; and the 2015 CAT Rules taketh away – Competition Bulletin from Blackstone Chambers

Posted October 5th, 2015 in appeals, civil procedure rules, competition, consumer protection, damages, EC law, jurisdiction, limitations, news, tribunals by sally

‘Today, on the 1st October 2015, when we are supposed to be celebrating the brave new world of the Competition Act 1998 (“CA”) as amended by the Consumer Rights Act 2015 (“CRA”), cartelists and other competition law infringers up and down the land must be rubbing their hands in glee at the transitional provisions contained in Rule 119 of the Competition Appeal Tribunal Rules 2015 (“the 2015 CAT Rules” or the “New Rules”).’

Competition Bulletin from Blackstone Chambers, 1st October 2015

Source: www.competitionbulletin.com

A & M v Royal Mail Group – ATE Premiums and Success Fees Under CPR 21 – Zenith PI Blog

Posted September 30th, 2015 in accidents, civil procedure rules, costs, damages, fees, news, personal injuries, road traffic, solicitors by sally

‘A and M, aged 12 and 4 respectively, brought claims in damages for personal injuries and consequential losses sustained in a road traffic accident on the 31st July 2013. Agreement was reached with the insurers for the Defendant for both general damages and special damages through the usual minor injury claim portal process. Naturally, that agreement was subject to the ultimate approval of the Court pursuant to Part 21 CPR. DJ Lumb at the County Court Sitting at Birmingham was able to provisionally approve awards of £2115 and £2065 respectively on 14th August 2015. In addition, the Defendant agreed to pay the fixed recoverable costs calculated in accordance with CPR Part 45. The case had progressed in the standard way up until this point.’

Zenith PI Blog, 29th September 2015

Source: www.zenithpi.wordpress.com

Judge awards parents £20k over accommodation of children in foster care – Local Government Lawyer

Posted September 25th, 2015 in children, compensation, damages, families, fostering, human rights, local government, news, ombudsmen by sally

‘A judge has ordered a London council to pay £20,000 in damages for breaching the claimant parents’ human rights when it unlawfully continued to keep their eight children in foster care.’

Local Government Lawyer, 24th September 2015

Source: www.localgovernmentlawyer.co.uk

Injunction and damages in libel case awarded against anonymous website – UK Human Rights Blog

Posted September 18th, 2015 in damages, defamation, injunctions, internet, news by tracey

‘Brett Wilson LLP v Person(s) Unknown, Responsible for the Operation of the Website solicitorsfromhell.co.uk, 7 September (Warby J) [2015] EWHC 2628 (QB). This was a claim in libel by a firm of solicitors who acted for another firm which also claimed against the operators of SFHUK, causing the original site to be shut down (Law Society v Rick Kordowski [2011]). In this case the words complained of appeared on a new site, but despite efforts by the present claimants, it was not possible to find out who was operating it. The site alleged various aspects of mismanagement, including incompetence and fraud. It also quoted a client of the claimant firm who alleged overcharging and who refused to pay their fees. (It is worth noting that the site appears to have been taken down since default judgement was given in this case).’

UK Human Rights Blog, 17th September 2015

Source: www.ukhumanrightsblog.com

Court refuses bid to reconsider ruling because of missing page in bundle – Litigation Futures

Posted September 18th, 2015 in civil procedure rules, copyright, damages, evidence, judgments, news by tracey

‘A party that accidentally omitted an important page from its trial bundle has failed in its attempt to persuade the judge to reconsider his ruling. The claimant in Absolute Lofts as West London Ltd v Artisan Home Improvements Ltd & Anor (No2) [2015] EWHC 2632 (IPEC) made the application the day after His Honour Judge Hacon handed down his decision.’

Litigation Futures, 18th September 2015

Source: www.litigationfutures.com

Tightening the payout rules for business insurance – Law Commission

Posted September 18th, 2015 in bills, damages, delay, insurance, Law Commission, press releases by tracey

‘Businesses can suffer serious loss if insurance companies delay paying claims. But under Law Commission reforms introduced into Parliament today, insurers would be obliged to make prompt payment or face a claim for damages.’

Full press release

Law Commission, 16th September 2015

Source: www.justice.gov.uk/lawcommission

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