Rendition to Libya an “act of state” and therefore non-justiciable – UK Human Rights Blog

‘Belhaj and another v Straw and Others [2013] EWHC 4111 (QB) 20 December 2013. The High Court has struck out claims against British establishment defendants for “unlawful rendition”. The doctrine of immunity attaching to an act of state is total bar to that such claims and is not limited by the gravity of the alleged violation of rights.’

Full story

UK Human Rights Blog, 14th January 2014

Source: www.ukhumanrightsblog.com

Saudi Arabia ‘torture’ Britons told they cannot sue – BBC News

Posted January 15th, 2014 in appeals, damages, human rights, news, Saudi Arabia, state immunity, torture by tracey

‘Four British men have failed to overturn a decision by the UK’s highest court which stopped them suing Saudi Arabia for alleged torture. The European Court of Human Rights (ECtHR) ruled that the men’s human rights had not been breached by the British court’s decision.’

Full story

BBC News, 14th January 2014

Source: www.bbc.co.uk

Coles and others v Hetherton and others – WLR Daily

Posted January 8th, 2014 in damages, economic loss, insurance, law reports, negligence, repairs, road traffic by sally

Coles and others v Hetherton and others [2013] EWCA Civ 1704; [2013] WLR (D) 508

‘Where a vehicle was damaged as a result of negligence and was reasonably repaired, the measure of the claimant’s loss was the diminution in value of the vehicle, usually taken as represented by the reasonable cost of repair. If the claimant’s insurer arranged repair, the reasonableness of the repair charge was to be judged by reference to what a person in the position of the claimant (rather than the insurer) could obtain on the open market and the insurer’s repair costs were recoverable from the tortfeasor up to that amount, together with the reasonable cost of a courtesy car.’

WLR Daily, 20th December 2013

Source: www.iclr.co.uk

Ecclestone ‘corrupt payments’ trial judgement reserved – BBC News

Posted December 16th, 2013 in banking, corruption, damages, news, sport, tax evasion by sally

‘A judge has reserved judgement in an £85m ($140m) damages claim against the Formula 1 boss Bernie Ecclestone.’

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BBC News, 13th December 2013

Source: www.bbc.co.uk

Man who tried to commit suicide by running into wall loses damages case over broken spine – The Independent

Posted December 11th, 2013 in damages, deportation, detention, immigration, mental health, news, personal injuries, suicide by sally

‘A man who broke his spine when he tried to commit suicide by running head first into a concrete wall while in detention awaiting deportation has lost his High Court damages action.’

Full story

The Independent, 11th December 2013

Source: www.independent.co.uk

Tetraplegic student Andrew Risk paralysed after diving into 2ft of water loses damages claim against college – The Independent

’25-year-old had claimed his injury in June 2009 was caused by a breach of duty of care or negligence on the part of Rose Bruford College in Sidcup.’

Full story

The Independent, 6th December 2013

Source: www.independent.co.uk

Aspect Contracts (Asbestos) Ltd v Higgins Construction Ltd – WLR Daily

Aspect Contracts (Asbestos) Ltd v Higgins Construction Ltd [2013] EWCA Civ 1541; [2013] WLR (D) 463

‘On a true construction of an implied term in a construction contract a party was entitled, following an adjudication in which it had been the loser, but where it maintained that it had made an over-payment, to bring proceedings for repayment; and the applicable limitation period ran from the date of the over-payment.’

WLR Daily, 29th November 2013

Source: www.iclr.co.uk

Blythe v Ministry of Defence – WLR Daily

Posted November 29th, 2013 in consent orders, damages, law reports, time limits by sally

Blythe v Ministry of Defence [2013] WLR (D) 457

“The court had power to extend the time specified in a consent order for an award of provisional damages made under RSC Ord 37, r 8 for the claimant to make an application for further damages notwithstanding that the claimant’s application for an extension was not made until after the expiry of the specified period.”

WLR Daily, 25th November 2013

Source: www.iclr.co.uk

Gay snub Cornish B&B owners lose Supreme Court appeal – BBC News

‘The owners of a Christian guesthouse who were ordered to pay damages for turning away a gay couple have lost their UK Supreme Court fight.”

Full story

BBC News, 27th November 2013

Source: www.bbc.co.uk

The Court of Appeal on Cartels and Conflicts – Competition Bulletin from Blackstone Chambers

Posted November 25th, 2013 in appeals, competition, conflict of laws, damages, jurisdiction, news by tracey

‘The Court of Appeal handed down two important decisions last week on the application of conflict of law principles to cartel follow-on damages claims: Deutsche Bahn AG & Ors v Morgan Advanced Materials plc & Ors [2013] EWCA Civ 1484 and Ryanair Limited v Esso Italiana Srl [2013] EWCA Civ 1450. The defendants in each case challenged the jurisdiction of the English courts to hear damages claims arising from their cartel activities.’

Full story

Competition Bulletin from Blackstone Chambers, 24th November 2013

Source: www.competitionbulletin.com

Paddling pool victim seeks millions – Daily Telegraph

“Student Andrew Risk, who was paralysed after diving into 2ft of water, sues Rose Bruford drama school for ‘failing to control high jinx at summer ball’.”

Full story

Daily Telegraph, 20th November 2013

Source: www.telegraph.co.uk

CF v Security Service and others; Mohamed v Foreign and Commonwealth Office and others – WLR Daily

CF v Security Service and others; Mohamed v Foreign and Commonwealth Office and others [2013] EWHC 3402 (QB); [2013] WLR (D) 439

“A court could make a declaration under section 6 of the Justice and Security Act 2013 permitting a closed material application to be made to the court before a public interest immunity claim had been made or determined.”

WLR Daily, 7th November 2013

Source: www.iclr.co.uk

Student litigation – Choosing the right words – Hardwicke Chambers

“The case of Mr John Scarborough v Canterbury Christ Church University (Scarborough) which was recently decided carries potentially significant implications in terms of bringing a case that may fall under separate heads of action.This article discusses this decision and its practical effect on future litigation.”

Full story

Hardwicke Chambers, 7th November 2013

Source: www.hardwicke.co.uk

In the matter of “The Alexandros T”; In the matter of “The Alexandros T” (No 2); In the matter of “The Alexandros T” (No 3) – Supreme Court

Posted November 18th, 2013 in appeals, damages, EC law, indemnities, insurance, law reports, Supreme Court by sally

In the matter of “The Alexandros T”; In the matter of “The Alexandros T” (No 2); In the matter of “The Alexandros T” (No 3) [2013] UKSC 70 (YouTube)

Supreme Court, 6th November 2013

Source: www.youtube.com/user/UKSupremeCourt

Sudanese sex offender wins damages for being held in custody too long – The Guardian

“A sex offender has won the right to damages after the court of appeal ruled he was held in custody for too long while attempts to deport him were unsuccessful.”

Full story

Thr Guardian, 12th November 2013

Source: www.guardian.co.uk

Paralysed Tinsley House detainee sues for damages – BBC News

“A man who broke his spine when he deliberately ran into a brick wall while in detention awaiting deportation is suing for damages.”

Full story

BBC News, 13th November 2013

Source: www.bbc.co.uk

Riot (Damages) Act: independent review – Home Office

Posted November 8th, 2013 in criminal damage, damages, legislation, reports, violent disorder by tracey

“This independent review by Neil Kinghan contains a series of recommendations to reform the Riot Damages Act following the riots in August 2011.”

Full review

Home Office, 8th November 2013

Source: www.gov.uk/home-office

The “uneasy” co-existence of public interest immunity and closed material procedure – UK Human Rights Blog

Posted November 8th, 2013 in closed material, damages, human rights, news, public interest immunity, torture by tracey

“CF v Security Service and others and Mohamed v Foreign and Commonwealth Office and others [[2013] EWHC 3402 (QB). The High Court has today made the first court ruling on the use of the Justice and Security Act 2013 in a civil claim for damages.”

Full story

UK Human Rights Blog, 7th November 2013

Source: www.ukhumanrightsblog.com

Holidaymaker who sued after walking into glass door in bikini wins case in serious blow to UK travel industry – Daily Telegraph

Posted November 7th, 2013 in appeals, damages, health & safety, holidays, news, personal injuries by tracey

“A holidaymaker who suffered life-threatening cuts after walking into a plate glass door in her bikini has fought off a bid to strip her of her damages award, in what it has been desribed as a serious blow to the UK travel industry.”

Full story

Daily Telegraph, 7th November 2013

Source: www.telegraph.co.uk

Terror suspect who fled in burqa seeks damages from UK in torture case – The Guardian

Posted November 7th, 2013 in damages, fugitive offenders, news, terrorism, torture by tracey

“Mohammed Ahmed Mohamed, the terror suspect who escaped surveillance wearing a burqa, is seeking damages from the government in a human rights legal challenge involving allegations of torture, it has been revealed at the high court.”

Full story

The Guardian, 7th November 2013

Source: www.guardian.co.uk