No damages for the solicitor whose private information was misused by a prostitute whom he’d short changed – RPC Privacy Law

‘In an unusual privacy claim decided last week, the High Court dismissed the majority of a solicitor’s claims against a prostitute for misuse of private information, harassment, breach of confidence and breach of contract. The Court found for the Claimant in respect of one element of his privacy head of claim, it declined to award any damages but did grant him an injunction.’

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RPC Privacy Law, 21st May 2014

Source: www.rpc.co.uk

Appeal court sets aside £186k professional negligence claim – Law Society’s Gazette

‘A Devon firm has won an appeal against a £186,000 damages award for professional negligence following a conveyancing row with a former client.’

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Law Society’s Gazette, 20th May 2014

Source: www.lawgazette.co.uk

The “Anomalous” Fatal Accidents Act – Hardwicke Chambers

Posted May 12th, 2014 in bereavement, compensation, damages, news, restitution, Supreme Court by sally

‘Those are not my words but the view expressed on 2 April by Lord Sumption on the effective over-compensation which can result under the Fatal Accidents Act 1976 (“the FAA”). The other Supreme Court Justices agreed with him. He expressed the view that, “What is clear is that sections 3 and 4 [of the FAA] mark a departure from the ordinary principles of assessment in English law, which can fairly be described as anomalous”. This was in a Supreme Court case which had to decide whether in a foreign accident case to apply German principles of assessment of damages (effectively full compensation) or English law in the form of the FAA: Cox v Ergo Versicherung AG (formerly known as Victoria) [2014] UKSC 22.’

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Hardwicke Chambers, 11th April 2014

Source: www.hardwicke.co.uk

The County Court challenge: a practical view from the Bar – Littleton Chambers

Posted May 12th, 2014 in civil procedure rules, county courts, damages, equity, jurisdiction, news by sally

‘Given the continued attention commanded by the stream of relief from sanctions decisions and the implementation of the Jackson reforms, it is unsurprising that the secondary legislation that brought into force section 17 of the Crime and Courts Act 2013, and which made related changes to the CPR (see Legal update, The Civil Procedure (Amendment) Rules 2014 published), passed by relatively unnoticed. It would, however, be a mistake not to note the significant changes to the County Court and its jurisdiction. These will throw up significant practical issues for the courts themselves and, in some regions more than others, will create a number of tactical dilemmas for litigators.’

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Littleton Chambers, 7th May 2014

Source: www.littletonchambers.com

Greenwich Millennium Village Limited v Essex Services Group PLC (& ors) – 4 New Square

Posted May 12th, 2014 in civil procedure rules, costs, damages, indemnities, news by sally

‘Mr Justice Coulson has handed down his lengthy judgment on the costs matters arising from the claim made by Greenwich Millennium Village Limited (“GMVL”). His judgment may prove of particular interest for his consideration of costs issues which arise when, as so often in the TCC, parties seek to pass on liabilities along a contractual chain.’

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4 New Square, 6th May 2014

Source: www.4newsquare.com

Russell Brand wins ‘substantial damages’ for Sun on Sunday article – The Guardian

Posted May 9th, 2014 in damages, defamation, media, news by sally

‘Russell Brand has accepted “substantial” libel damages from the Sun on Sunday over the false claim that he cheated on his girlfriend Jemima Khan.’

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The Guardian, 8th May 2014

Source: www.guardian.co.uk

Fiddler under the roof – NearlyLegal

Posted April 22nd, 2014 in appeals, damages, housing, injunctions, leases, news by sally

‘A Court of Appeal case on the problems with the edges of demises and reserved rights of access, involving, in this case, a land grab above a ceiling and a demand to access the flat above.’

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NearlyLegal, 20th April 2014

Source: www.nearlylegal.co.uk

Father wins damages after social worker falsely accused him of abusing daughter – Daily Telegraph

‘A father was arrested and banned from seeing his six-year-old daughter after a social workers falsely accused him of child abuse.’

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Daily Telegraph, 22nd April 2014

Source: www.telegraph.co.uk

Paul Weller wins damages from the Mail Online – BBC News

‘Rock star Paul Weller has won £10,000 damages after pictures of his children were “plastered” on the Mail Online.’

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BBC News, 16th April 2014

Source: www.bbc.co.uk

Public and private law wrongs are not the same – Court of Appeal – UK Human Rights Blog

‘ Tchenguiz v. Director of the Serious Fraud Office [2014] EWCA Civ 472, 15 April 2014. This judgment is a neat illustration of how important it is to keep the concepts of public law and private law unlawfulness separate – they do not necessarily have the same legal consequences.’

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UK Human Rights Blog, 15th April 2014

Source: www.ukhumanrightsblog.com

Woman woke up on operating table as surgeons prepared to remove appendix – Daily Telegraph

Posted April 16th, 2014 in damages, hospitals, medical treatment, news, psychiatric damage by tracey

‘A woman who woke up on the operating table as surgeons prepared to remove her appendix but was unable to scream out, has won damages from the hospital responsible for the anaesthetic error.’

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Daily Telegraph, 15th April 2014

Source: www.telegraph.co.uk

Non-Appealing Cartelists Beware – Competition Bulletin from Blackstone Chambers

Posted April 14th, 2014 in appeals, competition, damages, news, Supreme Court, time limits by sally

‘Tucked away at the back of last week’s Supreme Court decision on time-limits for follow-on claims is a very important development for private competition actions.’

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Competition Bulletin from Blackstone Chambers, 13th April 2014

Source: www.competitionbulletin.com

Disrepair: La luta continua! – NearlyLegal

Posted April 14th, 2014 in children, costs, damages, fees, landlord & tenant, legal aid, news, rent, repairs by sally

‘2013 was a difficult year for claimant disrepair. Changes in legal aid funding have made it all but impossible to pursue a disrepair claim under legal aid alone, as funding is only available for an order to carry out repairs to where there is serious risk to health or well being of the tenant or other occupiers, and not for further repairs or the damages claim (although full funding remains for a counterclaim to a possession claim, which can be brought after the possession order).’

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NearlyLegal, 13th April 2014

Source: www.nearlylegal.co.uk

Supreme Court hands down judgment in Durkin v DSG Retail Limited and another – Henderson Chambers

‘On 26 March 2014 the Supreme Court handed down its decision in Durkin v DSG Retail Limited and another. The judgment in this long-running case addresses the issue of a consumer’s right, in the context of a debtor-creditor-supplier agreement, to rescind the credit agreement on lawful rescission of the sale agreement.’

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Henderson Chambers, 28th March 2014

Source: www.hendersonchambers.co.uk

Cox (Appellant) v Ergo Versicherung AG (formerly known as Victoria) (Respondent) – Supreme Court

Cox (Appellant) v Ergo Versicherung AG (formerly known as Victoria) (Respondent) [2014] UKSC 22 (YouTube)

Supreme Court, 2nd April 2014

Source: www.youtube.com/user/UKSupremeCourt

Landmark legal case to rule whether GP exam ‘discriminates’ against Asian and black doctors – The Independent

‘Hundreds of black and Asian doctors have had promising careers “halted” because of racial discrimination in the way GPs are examined, a leading doctor has claimed, before a landmark High Court hearing in which two pillars of the medical establishment will be accused of breaching equality laws.’

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The Independent, 6th April 2014

Source: www.independent.co.uk

Durkin (Appellant) v DSG Retail Ltd and another (Respondents) (Scotland) – Supreme Court

Durkin (Appellant) v DSG Retail Ltd and another (Respondents) (Scotland) [2014] UKSC 21 (YouTube)

Supreme Court, 26th March 2014

Source: www.youtube.com/user/UKSupremeCourt

Durkin v DSG Retail Ltd and another – WLR Daily

Durkin v DSG Retail Ltd and another [2014] UKSC 21; [2014] WLR (D) 144

A restricted-use credit agreement under section 12(b) of the Consumer Credit Act 1974 which related to a specified supply transaction was conditional upon the substantive survival of that supply transaction, so that a purchaser who rescinded the supply agreement for breach of contract could also rescind the credit agreement.

WLR Daily, 26th March 2014

Source: www.iclr.co.uk

Caterers who refuse to work on same-sex weddings face prosecution – Daily Telegraph

‘Chauffeurs, photographers and caterers could have to pay thousands of pounds in damages if they refuse to provide services to a same-sex wedding.’

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Daily Telegraph, 30th March 2014

Source: www.telegraph.co.uk

Richard Durkin: ‘Mixed feelings’ for the man who fought a £250,000 16-year PC World laptop credit dispute with HFC bank – The Independent

Posted March 27th, 2014 in appeals, banking, consumer credit, damages, duty of care, news, rescission, Supreme Court by tracey

‘A man placed on a credit blacklist after a row over payments for a laptop computer said today he had “mixed feelings” despite winning a court battle that lasted 16 years.’

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The Independent, 26th March 2014

Source: www.independent.co.uk