Paul Burrell wins £5k damages from Max Clifford – The Guardian
‘Former royal butler Paul Burrell has won a high court privacy action against PR agent Max Clifford.’
The Guardian, 19th February 2016
Source: www.guardian.co.uk
Category: damages
Celebrities, the Media and the Personal Data Privacy Wars – Gresham College
‘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.’
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.’
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).’
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
‘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.’
Litigation Futures, 15th February 2016
Source: www.litigationfutures.com
Part 36 offer which did not reflect “available outcome” was valid – Litigation Futures
‘A part 36 offer which did not reflect an “available outcome of the litigation” was nonetheless valid, the High Court has ruled.’
Litigation Futures, 10th February 2016
Source: www.litigationfutures.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.’
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
‘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).’
Zenith PI Blog, 8th February 2016
Source: www.zenithpi.wordpress.com
Dismissed NHS whistleblower who exposed safety concerns handed £1.22m – The Guardian
‘An NHS whistleblower who was unfairly sacked after exposing concerns about patient safety has been awarded £1.22m in damages by a hospital trust.’
The Guardian, 4th February 2016
Source: www.guardian.co.uk
Narcolepsy boy wins £120k swine flu vaccine damages – BBC News
‘A boy with a rare sleeping illness caused by a swine flu vaccine has won £120,000 in damages.’
BBC News, 3rd February 2016
Source: www.bbc.co.uk
UK consults on further changes to competition compensation law – OUT-LAW.com
‘It will become easier for victims of competition law breaches to claim compensation when the EU Damages Directive comes into force in December.’
OUT-LAW.com, 29th January 2016
Source: www.out-law.com
Law firm to back clients’ litigation after £50m deal with hedge fund – Legal Futures
‘Cardiff-based Capital Law has today launched a £50m fund – backed by a hedge fund – to help its clients pursue litigation, in a first for a law firm.’
Legal Futures, 1st February 2016
Source: www.legalfutures.co.uk
Court of Appeal slashes award in law firm sale dispute – Legal Futures
‘The Court of Appeal has reduced by almost two-thirds the balance awarded to the seller of a law firm by the High Court, after ruling that – among other things – the trial judge had been wrong not to award the buyer damages for misrepresentation of the firm’s finances.’
Legal Futures, 29th January 2016
Source: wwww.legalfutures.co.uk
Claimants and lawyers warned over damages repayment risk in RTA protocol cases – Litigation Futures
‘A claimant who receives less at stage 3 of the RTA protocol than was offered at stage 2 has to reimburse the difference, a circuit judge has ruled.’
Litigation Futures, 21st January 2016
Source: www.litigationfutures.com
Judge criticises Sports Direct in Rangers legal case – The Guardian
‘Sports Direct has “abused” the legal system, according to a high court judge presiding over the embattled retailer’s bitter legal battle with Rangers football club.’
The Guardian, 19th January 2016
Source: www.guardian.co.uk
Court of Appeal : LiPs can benefit from ‘without prejudice’ rule without knowing what it means – Litigation Futures
‘Litigants in person (LiPs) can benefit from the ‘without prejudice’ rule even if they do not know what it means, the Court of Appeal has made clear.’
Litigation Futures, 19th January 2016
Source: www.litigationfutures.com
Cavendish win on penalties: Supreme Court makes finger-tip save of ageing doctrine – RPC Built Environment
‘The Supreme Court has provided long awaited clarification of the law on penalty clauses and liquidated damages, upholding the “penalty rule” but further limiting its utility in a commercial setting. In the adjoined appeals of Cavendish Square Holding v Talal El Makdessi and ParkingEye Limited v Beavis the Supreme Court created a new authority for consideration of the penalty rule doctrine, termed by Lordships Neuberger and Sumption to be “an ancient, haphazardly constructed edifice which has not weathered well”.’
RPC Built Environment, 6th January 2016
Source: www.rpc.co.uk
Cook v Virgin Media Ltd; McNeil v Tesco plc – WLR Daily
Cook v Virgin Media Ltd; McNeil v Tesco plc [2015] EWCA Civ 1287; [2015] WLR (D) 538
‘The English court had power to apply the doctrine of forum non conveniens in a purely domestic context, exercising the court’s wide general case management powers in CPR rr 3.1(2)(m) and 3.3, and therefore could strike out or stay proceedings brought in England where Scotland was the natural and more appropriate forum.’
WLR Daily, 14th December 2015
Source: www.iclr.co.uk
Phone Hacking and the Level of Damages – Panopticon
‘It is panto season, and everyone loves a good villain. This Christmas’ Wicked Stepmother is the Mirror Group who, when asking ‘Mirror, Mirror on the wall, who is the most liable of them all?’ has received the answer from the Court of Appeal that they are and must pay the consequences.’
Panopticon, 17th December 2015
Source: www.panopticonblog.com
