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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

Zenith PI Blog, 5th January 2015

Source: www.zenithpi.wordpress.com

Hayes v Butters and another – WLR Daily

Posted December 18th, 2014 in bankruptcy, damages, harassment, law reports, trustees in bankruptcy by sally

Hayes v Butters and another [2014] WLR (D) 536

‘In a claim for harassment pursuant to the Protection from Harassment Act 1997, where the claimant claimed personal loss and financial loss, the claim was a hybrid claim which vested in the trustee in bankruptcy.’

WLR Daily, 10th December 2014

Source: www.iclr.co.uk

Recovering Inquest Costs in Civil Proceedings – Zenith PI Blog

Posted December 17th, 2014 in costs, damages, disclosure, inquests, legal representation, murder, news, proportionality by sally

The Senior Court Cost Office has handed down a decision in the above case offering additional guidance as to when and what costs of attending an inquest can be recovered in subsequent civil proceedings.

Full story

Zenith PI Blog, 17th December 2014

Source: www.zenithpi.wordpress.com

What is the definition of “design” in s.213 (2) of the Copyright, Designs and Patents Act 1988 following the deletion of “any aspect of” from the sub-section – NIPC Law

Posted December 15th, 2014 in copyright, damages, intellectual property, interpretation, news by tracey

‘In DKH Retail Ltd v H. Young (Operations) Ltd the claimant, which claimed design rights and unregistered Community design in relation to the front portion and hood of a range of gilets sold under the product name Academy under the Superdry brand sued the defendant for importing and selling a range of Glaisdale gilets under the Animal brand. The defendant raised the usual defences on subsistence, ownership and infringement.’

Full story

NIPC Law, 13th December 2014

Source: www.nipclaw.blogspot.co.uk

Government blames High Court for denying mesothelioma victims damages uplift –

Posted December 12th, 2014 in costs, damages, industrial injuries, insurance, legal aid, news by sally

‘The High Court’s decision to block the abolition of recoverability for mesothelioma claims has denied victims the 10% uplift in damages they would otherwise have received, justice minister Lord Faulks has said.’

Full story

Litgation Futures, 11th December 2014

Source: www.litigationfutures.com

R (on applications of Haney, Kaiyam, Massey and Robinson) v The Secretary of State for Justice – Supreme Court

Posted December 11th, 2014 in appeals, damages, human rights, law reports, rehabilitation, sentencing, Supreme Court by sally

R (on the application of Faisal Kaiyam) (Appellant) v Secretary of State for Justice (Respondent)
On appeal from the Court of Appeal (Civil Division) (England and Wales) [2014] UKSC 66
(YouTube)

Supreme Court, 10th December 2014

Source: www.youtube.com/user/UKSupremeCourt

Saved by the Cap: Third Party Costs Order – RPC Professional and Financial Risks Blog

Posted December 8th, 2014 in accountants, costs, damages, insurance, news, third parties by sally

‘On 30 June 2014 judgment was handed down by Mrs Justice Rose in Swynson Limited v Lowick Rose LLP (in liquidation) [2014] EWHC 2085 (Ch). Rose J held that the Defendant, a firm of accountants, were liable but found that they owed no duty of care to the individual investor who had provided finance for a management buy-out. She awarded damages up to the liability cap of £15million inclusive of interest and costs, on the basis that the liability cap set out in the engagement letter reflected the commercial agreement reached by the parties.’

Full story

RPC Professional and Financial Risks Blog, 4th December 2014

Source: www.rpc.co.uk

Vestergaard – creating another buzz – RPC IP Hub

Posted December 8th, 2014 in damages, health, intellectual property, news by sally

‘This long-running case has now reached a finale – a High Court decision on the assessment of damages, handed down in October 2014.’

Full story

RPC IP Hub, 4th December 2014

Source: www.rpc.co.uk

Mazher Mahmood: CPS to re-examine 25 ‘Fake Sheikh’ cases – Daily Telegraph

Posted December 8th, 2014 in Crown Prosecution Service, damages, evidence, miscarriage of justice, news by sally

‘The Crown Prosecution Service says 25 cases where the undercover journalist was a prosecution witness will be reviewed.’

Full story

Daily Telegraph, 4th December 2014

Source: www.telegraph.co.uk

First Bus wins wheelchair court judgement – BBC News

Posted December 8th, 2014 in damages, disability discrimination, disabled persons, equality, news, transport by sally

‘Bus companies are not required by law to force parents with buggies to make way for wheelchair users in designated bays on vehicles, senior judges ruled.’

Full story

BBC News, 8th December 2014

Source: www.bbc.co.uk

How much?! Damages for unlawfully evicted secure tenants – NearlyLegal

Posted December 5th, 2014 in damages, housing, local government, news, repossession by sally

‘So, if a local authority unlawfully evicts a secure tenant (and yes, it happens) what should the measure of damages be? Under s.27 and s.28 Housing Act 1988, damages fall to be assessed under a valuation exercise, governed – so far as is relevant to this case – by s.28(1).’

Full story

NearlyLegal, 4th December 2014

Source: www.nearlylegal.co.uk