Tenant wins Supreme Court fight with council over damages for unlawful eviction – Local Government Lawyer

‘A secure tenant who was unlawfully evicted from his accommodation has won his Supreme Court battle with a London council over the level of damages payable.’

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Local Government Lawyer, 3rd December 2014

Source: www.localgovernmentlawyer.co.uk

Loveridge (Appellant) v Mayor and Burgesses of the London Borough of Lambeth (Respondent) – Supreme Court

Posted December 3rd, 2014 in damages, housing, landlord & tenant, law reports by sally

Loveridge (Appellant) v Mayor and Burgesses of the London Borough of Lambeth (Respondent) [2014] UKSC 65 (YouTube)

Supreme Court, 3rd December 2014

Source: www.youtube.com/user/UKSupremeCourt

Southwark: Not appealing – NearlyLegal

‘It is not unknown for losing parties in a case to not be happy, indeed very upset. There are two basic options. To shut up and put up with it, or appeal. Rather unusually, faced with one of the most coruscating High Court judgments I can recall, in AA V LB Southwark [our report here], the senior officers of Southwark Council have chosen to do neither. Instead, Southwark’s Housing and Communities Strategic Director has chosen to publicly announce that the judgment was ‘unjust’ and ‘clearly wrong’, but that Southwark aren’t going to appeal it.’

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NearlyLegal, 25th November 2014

Source: www.nearlylegal.co.uk

Teekay Tankers Ltd v STX Offshore & Shipping Co – WLR Daily

Posted November 26th, 2014 in damages, documents, foreign companies, foreign jurisdictions, law reports by sally

Teekay Tankers Ltd v STX Offshore & Shipping Co [2014] EWHC 3612 (Comm); [2014] WLR (D) 492

‘Service of a claim on an overseas company’s registered United Kingdom’s establishment was valid service, even if the claim did not concern the United Kingdom establishment itself, for the purposes of regulation 7 of the Overseas Companies Regulations 2009 and section 1139(2) of the Companies Act 2006.’

WLR Daily, 6th November 2014

Source: www.iclr.co.uk

Applying interest in damages claims – Competition Bulletin from Blackstone Chambers

Posted November 21st, 2014 in competition, damages, delay, news by tracey

‘In this blog, Enno Eilts, a Senior Consultant, discusses issues connected with the calculation of interest in damages actions.’

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Competition Bulletin from Blackstone Chambers, 18th November 2014

Source: www.competitionbulletin.com

Fortification Fortified: The Court Of Appeal’s Decision In EVP Ltd V Malabu Oil And Gas – Littleton Chambers

Posted November 18th, 2014 in appeals, damages, injunctions, news by sally

‘Grahame Anderson discusses the recent Court of Appeal decision in Energy Venture Partners Limited v Malabu Oil and Gas Limited [2014] EWCA Civ 1295 (9 October 2014).’

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Littleton Chambers, 17th October 2014

Source: www.littletonchambers.com

An “appropriate deduction”: Whatever circumstances demand – Hardwicke Chambers

Posted November 18th, 2014 in construction industry, contracts, damages, interpretation, news by sally

‘This Article considers the TCC decision of Mul v Hutton Construction Limited [2014] EWHC 1797 (TCC), which provides authority on the meaning of an “appropriate deduction” in the JCT standard forms and the possible consequences of that decision for parties to such contracts.’

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Hardwicke Chambers, 16th October 2014

Source: www.hardwicke.co.uk

Asbestos, recoupment of compensation, and the Pneumoconiosis (Workers’ Compensation) Act 1979 – Zenith PI Blog

Posted November 17th, 2014 in asbestos, benefits, compensation, damages, employment, news by sally

‘Defendants in asbestos-related claims should be careful to ensure that compensation paid under the Pneumoconiosis (Workers Compensation) Act 1979 (“the Act”) is properly deducted from a claimant’s damages, before an order for damages is made against them.’

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Zenith PI Blog, 13th November 2014

Source: www.zenithpi.wordpress.com

Daily Mail faces £3m bill after libel battle with businessman Andy Miller – The Guardian

Posted November 17th, 2014 in appeals, costs, damages, defamation, media, news, police, Supreme Court by sally

‘The Daily Mail faces a potential legal bill that could be as high as £3m, believed to be among the highest since controversial no-win, no-fee agreements were introduced, after libelling a businessman.’

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The Guardian, 14th November 2014

Source: www.guardian.co.uk

Powerboater injured in crash awarded £5.5m damages – Daily Telegraph

Posted November 12th, 2014 in costs, damages, news, personal injuries, rehabilitation, sport by tracey

‘A talented young powerboater who suffered catastrophic head injuries when two boats collided during a race has been awarded £5.5 million High Court damages.’

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Daily Telegraph, 11th November 2014

Source: www.telegraph.co.uk

Disabled man forced off bus by refusal to move pram sparks equality test case – The Guardian

‘A woman’s refusal to move a pushchair with a sleeping baby from a bay on a bus used by wheelchair passengers – causing a disabled man to have to leave the vehicle – is at the centre of a test-case legal battle in the court of appeal.’

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The Guardian, 11th November 2014

Source: www.guardian.co.uk

Supreme Court backs law firm in breach of trust dispute – Legal Futures

Posted November 6th, 2014 in appeals, breach of trust, damages, law firms, news, Supreme Court by sally

‘The Supreme Court has backed a law firm’s arguments that, following a breach of trust, it should have to pay in damages only the amount which the lender involved would have lost if the breach had not occurred.’

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Legal Futures, 6th November 2014

Source: www.legalfutures.co.uk

Inquiries as to Damages in the Patents County Court: Henderson v All Around the World Recordings Ltd – NIPC Law

Posted November 5th, 2014 in copyright, damages, fees, inquiries, intellectual property, news by sally

‘I last discussed this litigation in Success Fees and ATE Premiums in the Patents County Court: Henderson v All Around the World Recordings Ltd 4 May 2013. I set out the basic facts in my case note:

“This was an action for infringement of a performer’s rights which Judge Birss QC (as he then was) decided in Henderson v All Around the World Recordings Ltd and Another [2013] EWPCC 7 (13 Feb 2013)……. She had not been entirely successful and the costs of an unsuccessful copyright claim and half the costs of an application were awarded against her but she had succeeded overall.”‘

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NIPC Law, 5th November 2014

Source: www.nipclaw.blogspot.co.uk

Les Laboratoires Servier and another v Apotex Inc and others – WLR Daily

Posted October 31st, 2014 in damages, ex turpi causa, injunctions, law reports, patents, public interest by sally

Les Laboratoires Servier and another v Apotex Inc and others [2014] UKSC 55; [2014] WLR (D) 452

‘Although acts which constituted “turpitude” for the purposes of giving rise to the defence of ex turpi causa non oritur actio were not confined to criminal acts but included quasi criminal acts which engaged the public interest, civil wrongs which offended against private and not public interests did not give rise to the defence. Infringements of patent gave rise to private rights of a character no different from rights under contract or tort and there was no public policy which would give rise to a defence of ex turpi causa.’

WLR Daily, 29th October 2014

Source: www.iclr.co.uk

Principle that profiteering from illegal acts should be prevented does not apply to patent infringements, rules Supreme Court – OUT-LAW.com

Posted October 30th, 2014 in appeals, damages, injunctions, medicines, news, patents, proceeds of crime, Supreme Court by sally

‘A legal principle designed to prevent businesses from profiteering from illegal acts does not apply if that profiteering would stem from infringing patent rights, the UK Supreme Court has ruled.’

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OUT-LAW.com, 30th October 2014

Source: www.out-law.com

Insurance surgery: A new regime – New Law Journal

Posted October 23rd, 2014 in bills, contracts, damages, disclosure, fraud, insurance, news, warranties by sally

‘The Insurance Bill may alter centuries old law on disclosure by commercial policyholders, warranties & remedies for fraud & place more emphasis on active underwriting, says James Deacon.’

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New Law Journal, 23rd October 2014

Source: www.newlawjournal.co.uk

Lady Gaga the polo pony in High Court libel battle – Daily Telegraph

Posted October 23rd, 2014 in animals, costs, damages, defamation, news by sally

‘A polo pony called Lady Gaga was at the centre of a High Court libel battle after her ‘reputation was slurred’ on YouTube.’

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Daily Telegraph, 22nd October 2014

Source: www.telegraph.co.uk

A very unlawful eviction – NearlyLegal

Posted October 23rd, 2014 in damages, housing, local government, news, repossession by sally

‘This High Court judgment is remarkable in many ways, most of them worrying. It was the result of a six day hearing, with Southwark putting Kelvin Rutledge QC up against Mr AA in person and ended with findings against Southwark that were as bad as they could possibly be (and just perhaps even worse than the available evidence would support).’

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NearlyLegal, 22nd October 2014

Source: www.nearlylegal.co.uk

Second bite of the cherry? Bringing a second action against different employers for development of mesothelioma: abuse of process, cause of action estoppel and discretion under s33 Limitation Act 1980 considered – Zenith PI Blog

‘Would an action against employers who were unidentifiable at the time of an initial claim against 8 other employers in 2003 succeed where it was argued that such proceedings were an abuse of process of the court, that there was cause of action estoppel and where the claim was statute barred and required an application under s 33 Limitation Act 1980?’

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Zenith PI Blog, 21st October 2014

Source: www.zenithpi.wordpress.com

PI: calculating disadvantage – Law Society’s Gazette

Posted October 21st, 2014 in compensation, damages, news, personal injuries by sally

‘The assessment of loss for the future earning capacity of a person suffering residual disability through injury has always been unsatisfactory. The method for calculating multipliers, multiplicands and understanding the at times unfathomable awards of the head of damages known as Smith v Manchester has been cloaked in mathematical illogicality.’

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Law Society’s Gazette, 20th October 2014

Source: www.lawgazette.co.uk