No loss of confidence – establishing causation in confidential information claims – RPC Privacy Law

‘This case is an interesting example of a claim for breach of confidence (both in contract and in equity) where, although liability was established, only nominal damages (£1) were awarded to the Claimant.’

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RPC Privacy Law, 7th October 2014

Source: www.rpc.co.uk

Ageas (UK) Ltd v Kwik-Fit (GB) Ltd and another – WLR Daily

Posted October 7th, 2014 in damages, law reports, shareholders, valuation, warranties by sally

Ageas (UK) Ltd v Kwik-Fit (GB) Ltd and another [2014] EWHC 2178 (QB); [2014] WLR (D) 407

‘It is was permissible to depart from the prima facie rule that damages following a breach of warranty in a share sale agreement were to be assessed at the date of breach and so to take into account events which had occurred after that date, where such departure was necessary to give effect to the overriding compensatory principle of assessment of damages.’

WLR Daily, 4th July 2014

Source: www.iclr.co.uk

Loss of Earnings: The “Ogden Approach” in Practice: Two Cases Examined – Zenith PI Blog

Posted October 7th, 2014 in appeals, compensation, damages, news, personal injuries by sally

‘Several years ago the notes to the Actuarial Tables set out a more “scientific” means of assessing damages for future loss of earnings. In essence this is done by using the difference between the multipliers in relation to disabled and non-disabled claimants. See the guidance at paragraph 45 of the explanatory notes. Here we look at two cases where the use of this approach has been considered. In Ward it was held not to be appropriate; in Billett it was greatly modified.’

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Zenith PI Blog, 6th October 2014

Source: www.zenithpi.wordpress.com

Asbestos victims win damages ruling – BBC News

Posted October 3rd, 2014 in asbestos, costs, damages, industrial injuries, insurance, news, personal injuries by tracey

‘Government plans to deduct legal fees from the damages paid to people dying from asbestos exposure are unlawful, the High Court has ruled.’

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BBC News, 2nd October 2014

Source: www.bbc.co.uk

Medical compensation ‘outstripping public finances’ – Law Society’s Gazette

Posted October 2nd, 2014 in compensation, damages, health, negligence, news by tracey

‘Medical defendants have warned that public finances will not be able to cope unless clinical negligence compensation is radically reformed.’

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Law Society’s Gazette, 2nd October 2014

Source: www.lawgazette.co.uk

Essex police apologise for failing to investigate drug-related death – Daily Telegraph

Posted October 1st, 2014 in damages, drug abuse, human rights, negligence, news, police by tracey

‘A grieving family has used human rights law to force police chiefs to admit they failed to investigate the unexplained death of their son properly.’

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Daily Telegraph, 30th September 2014

Source: www.telegraph.co.uk

Calculating Damages for a Lost Career: Sharan Griffin v Plymouth Hospital NHS Trust – Employment Law Blog

‘Harini Iyengar comments on the latest Court of Appeal case on the calculation of damages for a lost career.’

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Employment Law Blog, 25th September 2014

Source: www.employment11kbw.com

Net contribution clauses: What you need to know – Hardwicke Chambers

Posted September 25th, 2014 in construction industry, contracts, damages, limitations, news by sally

‘Most construction professionals will be familiar with net contribution clauses (NCCs) in consultants’ appointments and collateral warranties but their use should not necessarily be limited to the construction sector. They may be useful in any project where professionals from a multiplicity of disciplines are retained.’

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Hardwicke Chambers, 19th September 2014

Source: www.hardwicke.co.uk

Developments in fundamental dishonesty – Hardwicke Chambers

Posted September 24th, 2014 in bills, costs, criminal justice, damages, medical treatment, news, personal injuries by sally

‘Personal injury practitioners will be aware of the significance of a finding of fundamental dishonesty in the context of Qualified One-Way Costs Shifting (“QoCs”) following the implementation of the Jackson reforms. In addition to this those words could soon take on a new significance in the context of a defendant’s liability to a claimant and consequent costs orders in personal injury claims.’

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Hardwicke Chambers, 15th September 2014

Source: www.hardwicke.co.uk

Black female Met Police firearms officer who won £40k at tribunal has all charges against her dropped – The Independent

‘PC Carol Howard was arrested and bailed for more than a year over eight different allegations, including assault, witness intimidation and possession of an indecent image of a child.’

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The Independent, 23rd September 2014

Source: www.independent.co.uk

EastEnders star Steve McFadden settles News of the World damages claim – The Guardian

Posted September 16th, 2014 in corruption, costs, damages, interception, media, news, police, telecommunications by tracey

‘Steve McFadden, the actor who plays Phil Mitchell in EastEnders, has settled his damages claim against the News of the World and the police over hacking and leaks about his private life to the paper.’

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The Guardian, 16th September 2014

Source: www.guardian.co.uk

Cadet paralysed in fatal skydiving accident sues MoD for £300,000 – Daily Telegraph

Posted September 15th, 2014 in accidents, armed forces, damages, disabled persons, inquests, news, personal injuries by tracey

‘ An Army cadet partly paralysed during a skydiving jump which killed a comrade is suing the Ministry of Defence for more than £300,000. Tim Herlihy, 24, of Stourbridge, was left with incomplete paraplegia after suffering injuries including six burst vertebrae during the accident in 2011 when he collided in mid air with another cadet.’

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Daily Telegraph, 12th September 2014

Source: www.telegraph.co.uk

Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) and another – WLR Daily

Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) and another; [2014] EWCA Civ 1105; [2014] WLR (D) 389

‘The qualified one-way costs shifting provisions under CPR 44.13 and 44.14 were not ultra vires the general discretion of the court on the ordering of costs under section 51(1) of the Senior Courts Act 1981, and although applying to claims for damages for personal injuries brought by a claimant against a defendant, they did not apply to claims for an indemnity or contribution brought by such a defendant against a third party.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Deceased’s Sudden Death During Stillborn Birth: Clinical Quantification? – Zenith PI Blog

Posted September 10th, 2014 in bereavement, birth, compensation, damages, medical treatment, midwives, negligence, news by sally

‘In a case reported on Lawtel yesterday, the Claimant mother and sister received £160,000 in an out of court settlement following the sudden death of the deceased (‘X’) during the delivery of her stillborn baby in December 2010. The Claimants suffered a traumatic bereavement resulting in post-traumatic stress disorder. The settlement included a dependency claim for the deceased’s son.’

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Zenith PI Blog, 9th September 2014

Source: www.zenithpi.wordpress.com

The Intellectual Property Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2014 – NIPC Law

Posted September 8th, 2014 in bills, copyright, damages, intellectual property, news, patents, trade marks by sally

‘On 14 May 2014 the Intellectual Property Bill received royal assent. The Act made some far reaching changes in patents, registered design and unregistered design right law which I summarized in “Reflections on the Intellectual Property Act 2014” 7 June 2014 4-5 IP Tech and discussed in detail in “How the Intellectual Property Act 2014 changes British Patent Law” 21 June 2014 JD Supra, “How the Intellectual Property Act 2014 changes British Registered Design Law” 19 June 2014 JD Supra and “How the Intellectual Property Act 2014 will change British Unregistered Design Right Law” 11 June 2014 JD Supra 11 June 2014. On 28 Aug 2014 Lady Neville-Rolfe, Minister for Intellectual Property, signed The Intellectual Property Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2014 which will bring many of the provisions of the Act into force.’

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NIPC Law, 6th September 2014

Source: www.nipclaw.blogspot.co.uk

Should you ever sue your boss for discrimination? – Daily Telegraph

‘Former police officer Carol Howard has won £37,000 from the Met, after two years fighting her case against racial and gender discrimination. A victory, yes, but hard won. So is it ever worth suing your boss? Radhika Sanghani asks the legal experts.’

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Daily Telegraph, 4th September 2014

Source: www.telegraph.co.uk

Proving and Disproving Discrimination – Cloisters

‘This talk looks at the legal and practical tools available to employment lawyers to prove or disprove direct discrimination and harassment, exploring in particular three areas:
How judges apply the burden of proof s136(2)(3) EA 2010.
What is the role of Comparators in light of the Supreme Court decision of Hewage v Grampian Health Board [2012] ICR 1054, SC.
What role does knowledge of the protected characteristic now play in light of IPC Media Ltd v Millar [2013] IRLR 707.’

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Cloisters, 29th August 2014

Source: www.cloisters.com

IRHPs Mis-selling Claims Update: Consequential Losses – No. 5 Chambers

Posted September 3rd, 2014 in banking, damages, insolvency, interest, news by sally

‘In May 2013 nine banks (“the Banks”) agreed to review their sales to unsophisticated customers in accordance with terms of references agreed with the FCA. At the end of June 2014 the FCA reported that all participating banks had completed their sales reviews in relation to customers who joined the Review before March 2014. By the end of June 2014 the Banks had sent out 16,000 redress letters, 13,500 of which included a cash redress offer and with the balance of 2,500 confirming that the sale had been compliant with the (then) FSA rules or that the customer had suffered no loss. By the end of June 2014 8,000 customers had accepted their redress offers, and the Banks had paid out £1.2 billion.’

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No. 5 Chambers, 19th August 2014

Source: www.no5.com

Parents who lose objectivity – Education Law Blog

Posted September 1st, 2014 in anonymity, bullying, contracts, damages, fees, media, news, public interest, racism, school children by sally

‘It is not often that private law disputes between schools and parents are pursued to trial and judgment in the High Court, but St Christopher School (Letchworth) Ltd v Schymanski and Rao [2014] EWHC 2573 (QB) is one of those cases.’

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Education Law Blog, 28th August 2014

Source: www.education11kbw.com

Rotherham sex abuse scandal: Victims seeking millions in compensation – Daily Telegraph

‘Victims of child sex exploitation in Rotherham launch a class action against the local council and police for failings that allowed years of abuse.’

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Daily Telegraph, 27th August 2014

Source: www.telegraph.co.uk