Uninsured Drivers Agreement: serious breach of European Law – Park Square Barristers

Posted March 19th, 2015 in agreements, crime, damages, EC law, news, uninsured drivers by sally

‘Judy Dawson looks at the recent judgment of the Court of Appeal in Delaney v Secretary of State for Transport and the insurance indemnity issues that arise.’

Full story

Park Square Barristers, 11th March 2015

Source: www.parksquarebarristers.co.uk

Personal injury Newsletter – Thirty Nine Essex Street

Posted March 19th, 2015 in asbestos, costs, damages, news, personal injuries, vicarious liability by sally

Personal Injury Newsletter (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

Mental Capacity Law Newsletter – Thirty Nine Essex Street

Mental Capacity Law Newsletter (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

Freedom of Information and Data Protection: Case Law Update 2014 – Thirty Nine Essex Street

‘This paper covers key information rights cases in 2014. The breadth of issues covered below, from legal professional privilege, human rights to vexatious requests, demonstrates the overlap between information law and many other areas of public law. This paper is intended to provide guidance, even for those who are not steeped, day-to-day, in the workings of the Freedom of Information Act 2000 (“FOIA”) and the Data Protection Act 1998 (the “DPA”), on the practical implications of these developments.’

Full story (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

Hydrotherapy in the home – Cloisters

Posted March 17th, 2015 in birth, costs, damages, disabled persons, news, proportionality by sally

‘In the recent case of A (A Child) v University Hospitals of Morecambe Bay NHS Foundation Trust [2015] EWHC 366 (QB) the claimant was awarded the cost of installing a hydrotherapy pool in her home. Here we look at the circumstances in which a defendant will be ordered to pay such expensive costs.’

Full story

Cloisters, 9th March 2015

Source: www.cloisters.com

Levi and another v Bates and others – WLR Daily

Posted March 17th, 2015 in appeals, damages, harassment, law reports, victims by sally

Levi and another v Bates and others [2015] EWCA Civ 206; [2015] WLR (D) 119

‘It was not a requirement of the statutory tort of harassment under the Protection from Harassment Act 1997 that the claimant be a target of the perpetrator’s conduct.’

WLR Daily, 12th March 2015

Source: www.iclr.co.uk

Lecturer sues ex-wife for £100,000 after being told IVF son is not his – Daily Telegraph

Posted March 17th, 2015 in assisted reproduction, compensation, damages, news, paternity by sally

‘The man, who cannot be named, claims he had no idea that his then wife used her ex-boyfriend’s sperm rather than his to father her child.’

Full story

Daily Telegraph, 16th March 2015

Source: www.telegraph.co.uk

Removal of clothing by police and Article 8 ECHR – Court of Appeal expresses sympathy for vulnerable position of children in custody – UK Human Rights Blog

‘The Court of Appeal has considered the compatibility with Article 8 ECHR of the police’s removal of a 14 year old girl’s clothing after she had been arrested and taken to a police station.’

Full story

UK Human Rights Blog, 9th March 2015

Source: www.ukhumanrightsblog.com

Coulson J slashes “entirely unreliable” costs budget from £9.5m to £4.3m – Litigation Futures

Posted March 9th, 2015 in budgets, civil procedure rules, costs, damages, news, proportionality, solicitors by sally

‘The High Court has slashed a claimant company’s costs budget from £9.5m to £4.3m, describing it as “entirely unreliable” and “deliberately manipulated”.’

Full story

Litigation Futures, 9th March 2015

Source: www.litigationfutures.com

High Court awards £50,000 damages to lawyer libelled in online review – Legal Futures

Posted March 9th, 2015 in damages, defamation, internet, news by sally

‘An American lawyer has successfully sued over an online review posted by a British man, winning £50,000 damages at the High Court.’

Full story

Legal Futures, 9th March 2015

Source: www.legalfutures.co.uk

Children: Public Law Update (March 2015) – Family Law Week

‘John Tughan QC of 4 Paper Buildings reviews recent judgments of particular importance to all practitioners in public children law.’

Full story

Family Law Week, 3rd March 2015

Source: www.familylawweek.co.uk

Complaints to solicitors’ regulator over libel demands from Galloway’s lawyers – The Guardian

Posted March 4th, 2015 in damages, defamation, news, racism, Solicitors Regulation Authority by sally

‘Complaints have been sent to the Solicitors Regulation Authority by Twitter users who have received £6,000 libel demands from solicitors working for the MP George Galloway.’

Full story

The Guardian, 4th March 2015

Source: www.guardian.co.uk

Alternative dispute resolution – Law Society’s Gazette

‘The recent case of Laporte v The Commissioner for the Police of the Metropolis [2015] EWHC 371 (QB), which came before Turner J (pictured), reinforced the pro-ADR stance of courts and the obligation on parties to seriously consider and engage with ADR processes. Although the case also dealt with indemnity costs, this article specifically focuses upon ADR.’

Full story

Law Society’s Gazette, 2nd March 2015

Source: www.lawgazette.co.uk

“Keep our kids safe from predators” FB page on the rampage again – UK Human Rights Blog

Posted February 26th, 2015 in damages, human rights, internet, news, privacy, release on licence by sally

‘The plaintiff was a former sex offender who had been identified on a Facebook page run by the second defendant called “Keep Our Kids Safe From Predators 2″. He had been released on licence and he was apprehensive about his safety upon his return to the community.’

Full story

UK Human Rights Blog, 25th February 2015

Source: www.ukhumanrightsblog.com

No entitlement to human rights damages after ‘caste discrimination’ case collapse – UK Human Rights Blog

‘The High Court has ruled that when long-running employment tribunal hearing collapsed as the result of the judge’s recusal due to apparent bias the claimants in the action could not obtain damages for wasted costs under section 6 of the Human Rights Act (HRA) 1998 (specifically Article 6, the right to a fair trial) or the EU Charter.’

Full story

UK Human Rights Blog, 25th February 2015

Source: www.ukhumanrightsblog.com

Assessing Damages: Why the Judges Go Back to Basics and the Very Practical Consequences – Zenith PI Blog

Posted February 25th, 2015 in compensation, damages, hospitals, news, personal injuries by sally

‘Recent cases have show that, when faced with difficult issues of calculation in personal injury cases, judges look back at the very basic principles of personal injury damages. These cases show how important the basic principles of personal injury damages are. The multiplicity of tools now available to assess damages can often lead to the most basic, and important, principles of the law of damages being overlooked when preparing for a trial. It is clear, however, that judges often look to these basic principles first when considering a complex assessment of damages.’

Full story

Zenith PI Blog, 24th February 2015

Source: www.zenithpi.wordpress.com

Egregious Failures by a Local Authority : Damages under the Human Rights Act in Care Proceedings: Northamptonshire County Council v AS and Ors (Rev 1) [2015] EWHC 199 (Fam)

Posted February 24th, 2015 in care orders, damages, grandparents, human rights, local government, news by sally

‘On 30 January 2015 Mr Justice Keehan handed down his judgment in Northamptonshire County Council v AS and Ors (Rev 1) [2015] EWHC 199 (Fam). It is another case where the Local Authority having breached parties Articles 6 and 8 rights in care proceedings the court awarded damages within care proceedings.’

Full story

The World of Family Law (Garden Court Chambers), 23rd February 2015

Source: www.gcfamily.wordpress.com

JX MX v Dartford and Gravesham NHS Trust (Personal Injury Bar Association and another intervening) – WLR Daily

JX MX v Dartford and Gravesham NHS Trust (Personal Injury Bar Association and another intervening) [2015] EWCA Civ 96 ; [2015] WLR (D) 77

‘The Court of Appeal issued guidelines as to the principles which should apply, on an application for approval of a compromise of a claim of damages for personal injury brought by a child, where the court in the exercise of its power was deciding whether as a matter of necessity to withhold from the public the names of the parties to the litigation.

WLR Daily, 17th February 2015

Source: www.iclr.co.uk

Patient loses appeal over level of damages for 442-day unlawful detention – Local Government

Posted February 18th, 2015 in damages, false imprisonment, hospital orders, hospitals, mental health, news by sally

‘A mentally disordered patient unlawfully detained in hospital for 442 days has lost an appeal over the level of damages he should be awarded.’

Full story

Local Government Lawyer, 17th February 2015

Source: www.localgovernmentlawyer.co.uk

Home Office wins £224m e-Borders appeal – BBC News

Posted February 18th, 2015 in appeals, arbitration, contracting out, contracts, damages, immigration, news by sally

‘The Home Office has won its appeal against an order to pay £224m to a US defence firm over the cancellation of a secure borders contract.’

Full story

BBC News, 17th February 2015

Source: www.bbc.co.uk