‘A settlement agreement provides a central London law firm with a “complete defence” against a £70m professional negligence claim brought on behalf of a Russian oil company, the High Court has ruled.’
Litigation Futures, 30th March 2016
Source: www.litigationfutures.com
‘Mirror Group Newspapers (MGN) has failed in its bid to overturn a landmark ruling in which it was ordered to pay approximately £1.2 million in damages for infringing the privacy of eight individuals through phone hacking.’
OUT-LAW.com, 23rd March 2016
Source: www.out-law.com
‘In Knauer (Widower and Administrator of the Estate of Sally Ann Knaur) v Ministry of Justice [2016] UKSC 9, the Supreme Court has held that the correct date as at which to assess the multiplier when fixing damages for future loss in claims under the Fatal Accidents Act 1976 should be the date of trial and not the date of death. In doing so it refused to follow two decisions of the House of Lords (Cookson v Knowles [1979] AC 556 and Graham v Dodds [1983] 1 WLR 808) pursuant to which the relevant date had been the date of death.’
Henderson Chambers, February 2016
Source: www.hendersonchambers.co.uk
‘A law firm that admitted negligence has fought off a £100,000 claim after the court decided no harm was caused by its mistake.’
Law Society’s Gazette, 21st March 2016
Source: www.lawgazette.co.uk
‘Bill and Mary Nicholson were awarded compensation after the Cedar tree’s roots caused serious damage to their semi-detached £400,000 property’
Daily Telegraph, 21st March 2016
Source: www.telegraph.co.uk
‘The High Court has rejected jailed publicist Max Clifford’s attempt to limit his costs to only £5,000 in a privacy claim by making an “inadequate” Calderbank offer.’
Litigation Futures, 21st March 2016
Source: www.litigationfutures.com
‘A Family Court judge has ordered a council to pay a 10-year-old boy £5,000 in damages after it failed for three years to seek to revoke a placement order.’
Local Government Lawyer, 15th March 2016
Source: www.localgovernmentlawyer.co.uk
‘A wealthy couple who said “shattering” helicopter noise stymied their hopes of selling their £4m home to Strictly Come Dancing presenter Tess Daly have scored a landmark High Court victory.’
Daily Telegraph, 17th March 2016
Source: www.telegraph.co.uk
‘Surrey Police issue unreserved apology and pay substantial damages after admitting failings in the case of Breck Bednar, the 14-year-old schoolboy who was groomed online and then murdered by sadistic killer Lewis Daynes.’
Daily Telegraph, 13th March 2016
Source: www.telegraph.co.uk
‘Lafferty v Newark & Sherwood District Council [2016] EWHC 320 (QB). Does section 4(4) of the Defective Premises Act 1972 create a strict liability on the landlord for any defect, such that it covers latent or undetectable defects? The short answer is no. This appeal sets out why.’
Nearly Legal, 6th March 2016
Source: www.nearlylegal.co.uk/blog/
‘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
‘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.’
Litigation Futures, 3rd March 2016
Source: www.litigationfutures.com
‘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.’
Litigation Futures, 1st March 2016
Source: www.litigationfutures.com
‘The Supreme Court has ruled that a mesothelioma victim’s family was under-compensated because of the date when damages were calculated.’
Law Society’s Gazette, 24th February 2016
Source: www.lawgazette.co.uk
‘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.’
Litigation Futures, 24th February 2016
Source: www.litigationfutures.com
‘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.’
Park Square Barristers, 2nd February 2016
Source: www.parksquarebarristers.co.uk
‘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.’
Competition Bulletin from Blackstone Chambers, 24th February 2016
Source: www.competitionbulletin.com
‘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.’
The Guardian, 22nd February 2016
Source: www.guardian.co.uk
‘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. ‘
Commercial Disputes Blog, 17th February 2016
Source: www.rpc.co.uk
‘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.’
Commercial Disputes Blog, 19th February 2016
Source: www.rpc.co.uk
© Inner Temple Library 2025