The Times pays damages to lawyer over misleading article – The Guardian

Posted May 17th, 2023 in barristers, damages, defamation, homosexuality, marriage, media, news by sally

‘A leading lawyer has received “substantial” damages and an apology from the Times over a misleading report that claimed she had been censured by her professional regulator.’

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The Guardian, 16th May 2023

Source: www.theguardian.com

Malicious falsehood in English law – OUT-LAW.com

Posted May 15th, 2023 in damages, defamation, injunctions, malicious falsehood, news by tracey

‘The law of malicious falsehood aims to protect economic interests. Malicious falsehood claims are sometimes made in tandem with, or as an alternative to, defamation claims.’

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OUT-LAW.com, 12th May 2023

Source: www.pinsentmasons.com

Court rejects £63m claim against PwC over Slater and Gordon deal – Law Society’s Gazette

‘A judge has dismissed a claim that national firm Slater and Gordon was passed confidential information which caused it to chop £63m off the price of an acquisition.’

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Law Society's Gazette, 15th May 2023

Source: www.lawgazette.co.uk

Crucial hearing in Mastercard litigation begins – Law Society’s Gazette

‘The Competition Appeal Tribunal is set to hear arguments today on a complex EU law issue worth billions of pounds in proceedings against credit card providers, Mastercard and Visa.’

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Law Society's Gazette, 24th April 2023

Source: www.lawgazette.co.uk

No case for extending bereavement damages, says minister – Law Society’s Gazette

Posted April 21st, 2023 in bereavement, damages, families, limitations, Ministry of Justice, news by tracey

‘The Ministry of Justice has rejected broadening eligibility for bereavement damages despite accusations the current limits are outdated and unfair.’

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Law Society's Gazette, 20th April 2023

Source: www.lawgazette.co.uk

QOCS changes in April 2023: the practical and tactical implications for claimants and their solicitors – Gatehouse Chambers

‘In what is becoming something of a pattern, the Rules committee have come along to clear up the anomaly resulting from the decisions in the Appellate courts, this time in Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654; [2018] 1 WLR 6137 and Ho v Adelekun [2021] UKSC 43; [2021] 1 WLR 5132.’

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Gatehouse Chambers, 16th March 2023

Source: gatehouselaw.co.uk

Submarines, Sherlock Holmes and Clinical Negligence – Ropewalk Clinical Negligence Blog

Posted April 14th, 2023 in burden of proof, chambers articles, damages, negligence, news, personal injuries by tracey

‘A topic close to my (legal) heart, and one upon which I have been known to speak unprompted at some length, is the correct approach to fact-finding where several possible causes, or causal mechanisms, are suggested for the damage under investigation: a common feature of clinical negligence (and, more widely, personal injury) litigation.’

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Ropewalk Clinical Negligence Blog, 29th March 2023

Source: ropewalk.co.uk

Barry v Ministry of Defence [2023] EWHC 49 (KB) – 3PB

‘On 3 March 2023, Johnson J handed down judgment in relation to former marine Mr Barry’s claim that the Ministry of Defence (MoD) caused his noise-induced hearing loss. It is the first time judicial guidance has been expressly given on the reduction factors (other than mortality) since the revised guidance in the 8th edition of the Ogden tables were published in July 2020.’

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3PB, March 2023

Source: www.3pb.co.uk

Part 36: Is There Any Value in a Split Liability Offer? – Pump Court Chambers

Posted April 12th, 2023 in appeals, chambers articles, damages, holidays, negligence, news, part 36 offers by sally

‘In the recent case of Mundy v TUI UK Ltd [2023] EWHC 385 (Ch), the High Court (Collins Rice J) provided helpful clarification about when Part 36 offers deal with an apportionment of liability.’

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Pump Court Chambers, 27th March 2023

Source: www.pumpcourtchambers.com

Negligence and sports injuries: common threads – 12 King’s Bench Walk

‘Czernuska is the latest of a series of judgments determining whether injuries sustained during competitive sporting fixtures were caused by negligence. This blog considers the general principles and themes on liability that emerge from this kind of litigation by looking at Czernuska v King [2023] EWHC 380 (KB), Fulham Football Club v Jones [2022] EWHC 1108 (QB) and Tylicki v Gibbons [2021] EWHC 3470 (QB).’

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12 King's Bench Walk, 23rd March 2023

Source: www.12kbw.co.uk

More than 900 people affected by Grenfell Tower fire settle claims – The Guardian

Posted April 12th, 2023 in accidents, bereavement, compensation, damages, fire, health & safety, housing, inquiries, news by sally

‘More than 900 bereaved family members, survivors and local people who were affected by the devastating Grenfell Tower fire have agreed on a settlement of their civil claims arising from the blaze.’

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The Guardian, 11th April 2023

Source: www.theguardian.com

A Real Shift – Substantial Changes to CPR 44.14 – 3PB

‘Currently set off of a defendant’s costs against a claimant’s costs is precluded where it exceeds the monetary cap reflecting the total of any orders for damages and interest made in a claimant’s favour (Ho v Adelekun [2021] UKSC 43). Moreover, a defendant can only enforce their costs against damages and interest ordered in a claimant’s favour, i.e. not against a settlement made in the claimant’s favour (Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654).’

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3PB, March 2023

Source: www.3pb.co.uk

Court of Appeal re-affirms restrictions on use of expert evidence in Road Traffic Accident claims – 39 Essex Chambers

‘In Raspin v Taylor [2022] EWCA Civ 1613 the Court of Appeal re-affirmed the need for the limited use of expert reconstruction evidence in road traffic claims. The Court had originally advised upon restriction of such evidence in the case of Liddell v Middleton [1996] P.I.Q.R P36. Needless to say, over the next 25 years adherence to such guidance was not followed by the parties nor enforced by the lower courts on case management.’

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39 Essex Chambers, 14th March 2023

Source: www.39essex.com

Czernuska v King: Is Recklessness Required in Sporting Injury Cases? – Ropewalk Chambers

Posted April 5th, 2023 in chambers articles, damages, negligence, news, personal injuries, sport by sally

‘In Czernuszka v King [2023] EWHC 380 (KB), the Claimant, an amateur rugby player was tragically rendered paraplegic and wheelchair-dependent for the rest of her life. She claimed damages in negligence against the Defendant, who carried out the tackle which caused this injury.’

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Ropewalk Chambers, 31st March 2023

Source: ropewalk.co.uk

The Thirteen Axioms of Fact-finding – Ropewalk Chambers

‘Briggs v Drylined Homes Ltd [2023] EWHC 382 (KB) (judgment here) concerned a claim by the widow of Mr Brian Briggs, who died in 2017 after contracting mesothelioma. The Claimant brought a claim against one of her husband’s former employers, Drylined Homes Ltd (“DHL”). DHL had engaged Mr Briggs between approximately 1975 and 1979 to carry out “drylining”, namely putting up plasterboards during house construction.’

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Ropewalk Chambers, 1st March 2023

Source: ropewalk.co.uk

High-Value NIHL Claims: Application of the Ogden Tables – Ropewalk Chambers

‘A former Royal Marine was medically discharged at the age of 29 years with noise-induced hearing loss (“NIHL”) and tinnitus sustained after training exercises. Primary liability was admitted.’

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Ropewalk Chambers, 28th March 2023

Source: ropewalk.co.uk

4 New Square Chambers Insurance Law Review – Spring 2023 – 4 New Square

‘In our spring 2023 insurance law review we look at cases across a range of areas with no standout theme. We review cases ranging from Covid 19 business interruption claims to recovery of professional fees; from reservation of rights to subrogation; from insurable interest to damages for late payment. We look at cases on the Third Parties (Rights Against Insurers) Acts 1930 and 2010, aggregation and exclusion clauses. And we note the continuing lack of significant case law on presentation of risk under the Consumer Insurance (Disclosure and Representations) Act 2012 and the Insurance Act 2015.’

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4 New Square, 28th March 2023

Source: www.4newsquare.com

G4S admits its failures in the running of a prison amounts to breach of the Article 2 systemic duty – Garden Court Chambers

‘G4S’s running of the prison failed to meet the standards of public service required, such that HMP Birmingham was put in special measures, and its running was taken over by the Ministry of Justice. The Chief Inspector of Prisons at the time, Peter Clarke, invoked the Urgent Notification process in respect of the prison.’

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Garden Court Chambers, 23rd March 2023

Source: www.gardencourtchambers.co.uk

Part 36 Offers: Say It Like You Mean It! – Ropewalk Chambers

Posted March 31st, 2023 in chambers articles, damages, health, holidays, news, part 36 offers by sally

‘In Mundy v TUI UK Ltd [2023] EWHC 385 (Ch) (judgment available here), Collins Rice J heard an appeal which considered the implications of the Claimant’s Part 36 offer to split “liability” at 90%/10%.’

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Ropewalk Chambers, 6th March 2023

Source: ropewalk.co.uk

Rotherham grooming survivor awarded £425k after suing rapist – BBC News

Posted March 28th, 2023 in child abuse, damages, news, rape, sexual grooming, victims by sally

‘A rapist convicted as part of the Rotherham grooming scandal has been ordered to pay £425,000 in damages to his victim by the High Court.’

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BBC News, 27th March 2023

Source: www.bbc.co.uk