Family of burglar who fell through roof face £250k bill for trying to sue council – Daily Telegraph

‘Judge rules in Staffordshire council’s favour after Thomas Buckett suffered 10 skull fractures and spent two weeks in a coma.’

Full story

Daily Telegraph, 14th April 2015

Source: www.telegraph.co.uk

Life Expectancy, Expert Evidence, the Strauss Tables and the Relevance of the Quality of Care: Detailed Consideration by the High Court – Zenith PI Blog

‘This Blog has already looked at the case of Robshaw -v- United Lincolnshire Hospital NHS Trust [2015] EWHC 923 (QB) in the context of judicial consideration of the basic principles of the law of damages. However the judgment of Mr Justice Foskett also contains some important observations in relation to life expectancy. In particular the approach to be taken when dealing with evidence from experts and statistical analysis.’

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Zenith PI Blog, 12th April 2015

Source: www.zenithpi.wordpress.com

Satellite litigation warning as new fundamental dishonesty rule comes into force – Litigation Futures

‘The new rule on fundamental dishonesty in personal injury actions, which comes into force today under section 57 of the Criminal Justice and Courts Act 2015, brings with it “a lot of potential for satellite litigation”, a leading defence lawyer has warned.’

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Litigation Futures, 13th April 2015

Source: www.litigationfutures.com

Well I wouldn’t start from here – Nearly Legal

‘A cautionary tale on how, when things go badly wrong, it is, by and large, better not to take active steps to make them worse.’

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Nearly Legal, 8th April 2015

Source: www.nearlylegal.co.uk

Vidal-Hall v Google Inc (Information Commissioner intervening) – WLR Daily

Vidal-Hall v Google Inc (Information Commissioner intervening) [2015] EWCA Civ 311; [2015] WLR (D) 156

‘A claim for misuse of private information should be categorised as a tort for the purposes of service of proceedings out of the jurisdiction.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

PART 36 of the CPR – Offers are changing – Park Square Barristers

‘Part 36 of the Civil Procedure Rules encourages parties to settle their disputes. It does this by imposing sanctions if one party turns down an offer to settle but then doesn’t get a better result at trial. The rules are complex, so Andrew Mitchell takes a closer look at the latest changes to Part 36.’

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Park Square Barristers, 1st April 2015

Source: www.parksquarebarristers.co.uk

Banker dubbed ‘Crazy Miss Cokehead’ awarded £3.2m for sexual harassment – Daily Telegraph

‘Cambridge graduate Svetlana Lokhova in cash payout from London branch of Sberbank CIB after being driven to mental breakdown by bullying colleagues.’

Full story

Daily Telegraph, 7th April 2015

Source: www.telegraph.co.uk

Serious Injury Cases: Another Example of the Judges Going Back to Basics – Zenith PI Blog

Posted April 2nd, 2015 in birth, damages, hospitals, negligence, news, personal injuries by sally

‘An earlier post looked at several cases this year where judges have considered fairly fundamental principles of damages when assessing serious personal injury claims. This trend can be seen again in a case decided today Robshaw -v-United Lincoln Hospitals NHS Trust [2015] EWHC 923 (QB).’

Full story

Zenith PI Blog, 1st April 2015

Source: www.zenithpi.wordpress.com

Solicitors’ client accounts: whose money is it anyway? – Hardwicke Chambers

Posted April 1st, 2015 in appeals, damages, insolvency, loans, news, solicitors by sally

‘If a potential defendant is insolvent, it is a matter of critical importance to the potential claimant if they are able to assert a proprietary right over money or goods as opposed to a mere personal claim for damages.’

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Hardwicke Chambers, 24th March 2015

Source: www.hardwicke.co.uk

Google’s misuse of private browsing data entitles individuals to damages – Court of Appeal – UK Human Rights Blog

‘This case concerned the misuse of private information by an internet provider based in the United States. Google had secretly tracked private information about users’ internet browsing without their knowledge or consent, and then handed the information on to third parties (a practice known as supplying Browser-Generated Information, or ‘BGI’).’

Full story

UK Human Rights Blog, 31st March 2015

Source: www.ukhumanrightsblog.com

Illegal immigrant sex offender wins compensation – Daily Telegraph

‘Naseer Chawki, who was jailed for “revolting” sex crimes on a train, is in line for thousands of pounds after a judge ruled he had been unlawfully detained after completing a jail sentence.’

Full story

Daily Telegraph, 31st March 2015

Source: www.telegraph.co.uk

Google and the DPA – RIP section 13(2) – Panopticon

Posted March 30th, 2015 in appeals, damages, data protection, freedom of information, internet, news, privacy by sally

‘Well, isn’t this an exciting week (and I don’t mean Zayn leaving One Direction)? First, Evans and now Vidal-Hall. We only need Dransfield to appear before Easter and there will be a full red bus analogy. Robin opened yesterday’s analysis of Evans by remarking on the sexiness of FOIA. If there is one thing you learn quickly as an information law practitioner, it is not to engage in a sexiness battle with Robin Hopkins. But high-profile though Evans is, the judgment in Vidal-Hall will be of far wider significance to anyone having to actually work in the field, rather than simply tuning every now and then to see the Supreme Court say something constitutional against a FOIA background. Vidal-Hall might not be the immediate head-turner, but it is probably going to be the life-changer for most of us. So, while still in the ‘friend zone’ with the Court of Appeal, before it all gets serious, it is important to explain what Vidal-Hall v Google [2015] EWCA Civ 311 does.’

Full story

Panopticon, 27th March 2015

Source: www.panopticonblog.com

Google loses UK appeal court battle over ‘clandestine’ tracking – The Guardian

Posted March 30th, 2015 in appeals, consumer protection, damages, data protection, internet, news, privacy by sally

‘Google has failed in its attempt in the court of appeal to prevent British consumers having the right to sue the internet firm in the UK.’

Full story

The Guardian, 27th March 2015

Source: www.guardian.co.uk

R (on the application of Jamar Brown (Jamaica) (Respondent) v The Secretary of State for the Home Department (Appellant) – Supreme Court

R (on the application of Jamar Brown (Jamaica) (Respondent) v The Secretary of State for the Home Department (Appellant) [2015] UKSC 8 (YouTube)

Supreme Court, 4th March 2015

Source: www.youtube.com/user/UKSupremeCourt

Barco De Vapor BV and others v Thanet District Council – WLR Daily

Barco De Vapor BV and others v Thanet District Council [2014] EWHC 490 (Ch); [2015] WLR (D) 127

‘Council Regulation (EC) No 1/2005 harmonised the law on the protection, welfare and health of animals during transport. Accordingly, the imposition of an animal welfare measure not in accordance with the Regulation which had the effect of restricting the free movement of goods was an unjustified breach of article 35FEU of the FEU Treaty.’

WLR Daily, 27th February 2015

Source: www.iclr.co.uk

Car crash Euro-damages against government upheld by CA – UK Human Rights Blog

‘The Court of Appeal has recently upheld the decision of Jay J here that a drug-dealer was entitled to compensation against the Government for injuries in a car accident, even though at the time he and the negligent driver both had drugs on them.’

Full story

UK Human Rights Blog, 22nd March 2015

Source: www.ukhumanrightsblog.com

Man wins £39k over IVF baby deceit – BBC News

Posted March 23rd, 2015 in assisted reproduction, child support, children, damages, deceit, news, paternity by sally

‘A woman who conned her former husband into believing he was the father of her IVF baby has been ordered to pay £39,000 in damages at the High Court.’

Full story

BBC News, 20th March 2015

Source: www.bbc.uk

Statements of Case – Advice mainly to beginners, but we can all learn – Zenith PI

‘Advice mainly to beginners, but we can all learn.’

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Zenith PI, 18th March 2015

Source: www.zenithpi.wordpress.com

Uninsured Drivers Agreement: serious breach of European Law – Park Square Barristers

Posted March 19th, 2015 in agreements, crime, damages, EC law, news, uninsured drivers by sally

‘Judy Dawson looks at the recent judgment of the Court of Appeal in Delaney v Secretary of State for Transport and the insurance indemnity issues that arise.’

Full story

Park Square Barristers, 11th March 2015

Source: www.parksquarebarristers.co.uk

Personal injury Newsletter – Thirty Nine Essex Street

Posted March 19th, 2015 in asbestos, costs, damages, news, personal injuries, vicarious liability by sally

Personal Injury Newsletter (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com