Tottenham Hotspur liable for player brain damage – BBC News

Posted February 17th, 2015 in damages, duty of care, health, news, sport by sally

‘A High Court judge has ruled Tottenham Hotspur breached its duties to a 17-year-old player who suffered cardiac arrest in his first game for the club and was left brain damaged.’

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BBC News, 16th February 2015

Source: www.bbc.co.uk

The Supreme Court in the United Kingdom Constitution – Lecture by Lady Hale

The Supreme Court in the United Kingdom Constitution (PDF)

Lecture by Lady Hale

The Bryce Lecture, 5th February 2015

Source: www.supremecourt.uk

Met agrees final settlement in Carol Howard discrimination case – BBC News

Posted February 16th, 2015 in damages, employment, news, police, race discrimination, racism, sex discrimination, tribunals by sally

‘The Metropolitan Police has agreed a final settlement with an officer it discriminated against.’

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BBC News, 14th February 2015

Source: www.bbc.co.uk

The Rise and Rise of Damages in Human Rights Claims – Family Law Week

Posted February 13th, 2015 in care orders, children, damages, human rights, jurisdiction, news by tracey

‘Julie Stather, barrister of Westgate Chambers, considers the development of claims for damages arising from breaches of human rights in care proceedings.’

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Family Law Week, 12th February 2015

Source: www.familylawweek.co.uk

Abbey Forwarding Ltd (in liquidation) v Revenue and Customs Commissioners – WLR Daily

Posted February 11th, 2015 in damages, injunctions, law reports, liquidators, winding up by sally

Abbey Forwarding Ltd (in liquidation) v Revenue and Customs Commissioners [2015] EWHC 225 (Ch); [2015] WLR (D) 53

‘The undertaking in damages given on the appointment of a provisional liquidator did not automatically terminate on the making of a winding up order so as to deprive the court of jurisdiction to enforce the undertaking by ordering an inquiry as to damages.’

WLR Daily, 6th February 2015

Source: www.iclr.co.uk

Council to pay £17k damages for “truly lamentable” failures in child care case – Local Government Lawyer

Posted February 6th, 2015 in care orders, child abuse, children, damages, delay, local government, news, social services by sally

‘A High Court judge has ordered a county council to pay £17,000 in damages under the Human Rights Act following a “truly lamentable” catalogue of errors, omissions, delays and serial breaches of court orders in a child care case.’

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Local Government Lawyer, 4th February 2015

Source: www.localgovernmentlawyer.co.uk

Philip Phillips wins rights to damages after heart attack – BBC News

Posted February 5th, 2015 in damages, doctors, health, negligence, news by sally

‘A man who had heart failure hours after a GP examination has won the right to a substantial High Court damages payout.’

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BBC News, 4th February 2015

Source: www.bbc.co.uk

“Lamentable”, “egregious” and “wholly indefensible”: High Court lambasts local authority’s conduct of care proceedings – UK Human Rights Blog

Posted February 2nd, 2015 in care orders, children, damages, delay, guardianship, human rights, local government, news by sally

‘A Family Division judge has awarded damages under the Human Rights Act against a local authority in what he described as an “unfortunate and woeful case” involving a baby taken into foster care. Mr Justice Keehan cited a “catalogue of errors, omissions, delays and serial breaches of court orders” by Northamptonshire County Council. Unusually, the judge decided to give the judgment in this sensitive case in public in order to set out “the lamentable conduct of this litigation by the local authority.”’

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UK Human Rights Blog, 1st February 2015

Source: www.ukhumanrightsblog.com

What price liberty? Damages, DOLS and a cat named Fluffy – UK Human Rights Blog

‘With a significant backlog of care home cases in the Court of Protection, P’s case runs the risk of becoming something of a precedent on the question of damages for unlawful detention. However, as far as calculation of damages goes, it is light on analysis of principle. This post seeks to explore whether the considerable case law that has developed on damages for false imprisonment in other situations may help illuminate what this type of case is worth.’

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UK Human Rights Blog, 29th January 2015

Source: www.ukhumanrightsblog.com

Copyright owners free to choose where to bring web infringement claims but restrictions placed on damages – OUT-LAW.com

Posted January 29th, 2015 in copyright, damages, EC law, foreign jurisdictions, internet, news by sally

‘A ruling by the EU’s highest court could mean that businesses have to take multiple cases across Europe if they want to claim damages for copyright infringement, an expert has said.’

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OUT-LAW.com, 27th January 2015

Source: www.out-law.com

High court blocks second phone-hacking claims brought by John Leslie and Jeff Brazier – The Guardian

Posted January 28th, 2015 in conspiracy, corruption, costs, damages, interception, media, news, telecommunications, time limits by tracey

‘Mr Justice Mann rules that settlements reached in first claims for damages against News of the World publisher barred new actions from former TV personalities.’

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The Guardian, 27th January 2015

Source: www.guardian.co.uk

Government in £9 million payout after single letter blunder causes business to collapse – Daily Telegraph

Posted January 28th, 2015 in costs, damages, mistake, negligence, news, winding up by tracey

‘A High Court judge has found Companies House liable for the demise of Taylor & Sons Ltd, after they mistakenly recorded that it had been wound up.’

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Daily Telegraph, 27th January 2015

Source: www.telegraph.co.uk

Nonagenarian unlawfully detained in care home for nearly two years – UK Human Rights Blog

‘The Court of Protection has castigated the actions of a County Council in depriving an old person of his liberty and dignity in their overreaction to reports that he might be subjected to financial exploitation. This, said the judge, amounted to punishing the victim for the acts of the perpetrators.’

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UK Human Rights Blog, 22nd January 2015

Source: www.ukhumanrightsblog.com

Disrepair damages update – NearlyLegal

Posted January 21st, 2015 in damages, landlord & tenant, leases, legal aid, news, repairs by sally

‘Armes v Wheel Property Co Ltd, Clerkenwell and Shoreditch County Court, 17 May 2013
Claimant had been the protected tenant of a two bed flat in a Victorian terrace conversion for 30 years. Current rent was £191 per week.’

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NearlyLegal, 18th January 2015

Source: www.nearlylegal.co.uk

General damages are not reduced because of age: the law set out with clarity – Zenith PI Blog

Posted January 19th, 2015 in damages, elderly, medical treatment, negligence, news, personal injuries by tracey

‘There are many reasons why personal injury litigators should read the decision of Judge Curran QC (sitting as a judge of the High Court) in Miller -v- Imperial College Healthcare NHS Trust [2014] EWHC 3772 (QB). One of the reasons is the detailed analysis of the argument that damages for pain and suffering should automatically be reduced because of a claimant’s age. As the judgment shows age can be an aggravating factor, not a matter that leads to a reduction in the award.’

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Zenith PI Blog, 17th January 2015

Source: www.zenithpi.wordpress.com

Is there a maximum award for general damages arising under contract? – NearlyLegal

Posted January 16th, 2015 in damages, defective premises, news, repairs, representative actions by sally

‘The case of Rendlesham Estates Plc v Barr Ltd [2014] EWHC 3968 (TCC) is a bit off the housing law beaten track and as a result I have only recently got round to reading it properly. It concerned s.1, Defective Premises Act 1974, which is the statutory provision that enables any person with an interest in a dwelling to sue the person responsible for building the dwelling, or carrying out any work in connection with the dwelling, where the dwelling is not fit for human habitation when the work is completed.’

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NearlyLegal, 15th January 2015

Source: www.nearlylegal.co.uk

Whiplash Quantum Update – Zenith PI Blog

Posted January 15th, 2015 in damages, news, personal injuries, road traffic offences by sally

‘There are increasing numbers of post-April 2013 personal injury settlements being reported, many of which contain specific reference to the damages figure including the 10% uplift provided for by Simmons v Castle [2012] EWCA Civ 1288.’

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Zenith PI Blog, 13th January 2015

Source: www.zenithpi.wordpress.com

High Court: not “in best interests” of officer who used cocaine to sue police for psychiatric injury – Litigation Futures

‘A High Court judge has said it was not in the “best interests” of a former undercover police officer who used cocaine “on more than one occasion” to sue his police force for psychiatric injury.’

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Litigation Futures, 12th January 2015

Source: www.litigationfutures.co.uk

Commercial property: dilapidations liability – Law Society’s Gazette

Posted January 12th, 2015 in damages, dilapidations, landlord & tenant, leases, news, repairs by sally

‘As the average lease length decreases, a review of dilapidations liability by the Court of Appeal is timely. Dilapidations are the repair works which have not been undertaken by the tenant, in breach of the terms of the lease.’

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Law Society’s Gazette, 12th January 2015

Source: www.lawgazette.co.uk

THE REAL ADVANTAGES AND RISKS OF PART 36 – Zenith PI Blog

‘In Downing v Peterborough & Stamford NHS Foundation Trust [2014]EWHC 4216 (QB) heard by Sir David Eady on 12th December 2014 the Claimant received an additional £75,000 in damages after beating its own Part 36 offer.’

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Zenith PI Blog, 5th January 2015

Source: www.zenithpi.wordpress.com