Glendalough Associated SA v Harris Calnan Construction Co Ltd – WLR Daily

Posted October 23rd, 2013 in construction industry, contracts, damages, delay, law reports, tenders by tracey

Glendalough Associated SA v Harris Calnan Construction Co Ltd: [2013] EWHC 3142 (TCC);   [2013] WLR (D)  397

“Where, in adjudication proceedings brought pursuant to the Housing Grants, Construction and Regeneration Act 1996, the referring party did not assert in terms that the agreement in question was made otherwise than in writing, section 107(5) of the Act was not engaged.”

WLR Daily, 21st October 2013

Source: www.iclr.co.uk

Lord McAlpine libel row with Sally Bercow formally settled in high court – The Guardian

Posted October 22nd, 2013 in damages, defamation, internet, news by tracey

“Sally Bercow has apologised for ‘irresponsible use of Twitter’ and agreed to pay undisclosed damages to peer, court told.”

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The Guardian, 22nd October 2013

Source: www.guardian.co.uk

Schools’ duty to safeguard children who lark around – Education Law Blog

“If you are sitting comfortably, I’ll tell you the story of the boy who tried to punch his younger brother but instead hit a water fountain and then sued his school for damages. Or rather I’ll tell you how the Court of Appeal told it in West Sussex County Council v Lewis Pierce [2013] EWCA Civ 1230.”

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Education Law Blog, 18th October 2013

Source: www.education11kbw.com

Gas company vicariously liable for database rights infringement by staff – OUT-LAW.com

Posted October 21st, 2013 in copyright, damages, database right, energy, news, privacy, vicarious liability by sally

“The market leader in the sale of liquid propane gas (LPG) in the UK has been found vicariously liable for the infringement of database rights belonging to a rival.”

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OUT-LAW.com, 18th October 2013

Source: www.out-law.com

Hospitals told to investigate all patient complaints in spite of possible lawsuits – The Guardian

“Hospitals will be banned from refusing to investigate complaints from patients harmed by poor care who may also sue for damages, after campaigners condemned the practice as an illegal and unfair denial of patients’ rights.”

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The Guardian, 20th October 2013

Source: www.guardian.co.uk

Foreign criminal awarded £25,000 damages – Daily Telegraph

Posted October 17th, 2013 in contempt of court, damages, detention, government departments, news by sally

“A foreign criminal jailed for robbery has been awarded £25,000 damages because of mistakes made by the Home Office during deportation proceedings.”

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Daily Telegraph, 16th October 2013

Source: www.telegraph.co.uk

High Court refuses to delay high street court battle with MasterCard – The Lawyer

“An attempt by MasterCard to avoid a multi-billion damages claim from a dozen retailers because the monthly due diligence costs charged by its lawyers at Jones Day could be as much as £700,000 has been rejected by the High Court.”

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The Lawyer, 16th October 2013

Source: www.thelawyer.com

Katie Price settles phone-hacking claim – BBC News

Posted October 10th, 2013 in damages, interception, media, news, telecommunications by tracey

“Model and TV personality Katie Price has received undisclosed damages over phone hacking, the High Court has heard.”

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BBC News, 9th October 2013

Source: www.bbc.co.uk

High Court grants injunction to losing bidder over £1bn waste contract award – Local Government Lawyer

“A High Court judge has granted an energy company an injunction preventing a waste authority from entering into a £1bn+ resource recovery contract (RRC) with a rival business.”

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Local Government Lawyer, 8th October 2013

Source: www.localgovernmentlawyer.co.uk

Christian owners of Chymorvah Hotel who refused to allow gay couple to stay in double room take legal fight to Supreme Court – The Independent

“The Christian owners of a guesthouse who refused to allow a gay couple to stay in a double-bedded room have said they want to avoid a ‘collision’ between two different lifestyles as they prepare to take their case to the Supreme Court.”

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The Independent, 8th October 2013

Source: www.independent.co.uk

Britain pays out millions to criminals after losing 202 human rights cases since 1998 – The Independent

“Britain has had to pay out £4.4 million in taxpayers’ money as a result of losing 202 cases at the European Court of Human Rights (ECHR) in Strasbourg since 1998, figures from the House of Commons reveal.”

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The Independent, 8th October 2013

Source: www.independent.co.uk

Fairclough v Summers – An abuse of Process – Sovereign Chambers

“On the 13th May 2003 whilst acting in the course of his employment with Fairclough Homes Limited (‘Fairclough’), Shaun Summers (‘Mr Summers’) fell from a truck and sustained both a fractured bone in his right hand and a fractured left heel bone. On the 28th October 2003 Fairclough admitted liability for the accident through its insurers (‘the admission’). Mr Summers went on to issue a claim for personal injury and associated losses on the 10th May 2006 but, having examined his medical records (which appeared to cast doubt on Mr Summers’ account of the accident), Fairclough applied for permission to withdraw their admission and served an Amended Defence in relation to liability. On the 28th August 2007, following a trial before HHJ Tetlow (‘the Judge’), Mr Summers obtained judgment against Fairclough with damages to be assessed.”

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Sovereign Chambers, 25th September 2013

Source: www.sovereignchambers.co.uk

Claimant and defendant lawyers cross swords over mesothelioma reform – Litigation Futures

Posted October 7th, 2013 in consultations, costs, damages, legal aid, news, personal injuries by sally

“The low costs risk for claimants making mesothelioma claims means they should not longer benefit from an exemption from the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), a leading defendant law firm has argued.”

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Litigation Futures, 7th October 2013

Source: www.litigationfutures.com

Aarhus, the A-G, and why the rules on interim remedies need to change – UK Human Rights Blog

“I did an initial post here summarising this opinion from the A-G to the CJEU saying that the UK was in breach of two EU Directives about environmental assessment and pollution control – the breaches concerned our system for litigation costs. It struck me that there was a lot in the opinion, and after some re-reads, I continue to think so. So I will deal in this post with one aspect, namely the finding that the UK is in breach, in requiring an undertaking as to damages by the claimant to back up the claimant’s interim injunction – in the jargon, a cross-undertaking.”

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UK Human Rights Blog, 27th September 2013

Source: www.ukhumanrightsblog.com

Agreements based on Libor are not void (Phew!) – Competition Bulletin from Blackstone Chambers

Posted September 26th, 2013 in banking, damages, interest, news by sally

“This week has brought further news on the Libor interest rate fixing saga, with UK broker ICAP receiving an $87m fine.”

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Competition Bulletin from Blackstone Chambers, 26th September 2013

Source: www.competitionbulletin.com

Revenue and Customs Commissioners v Sunico ApS and others – WLR Daily

Posted September 19th, 2013 in conflict of laws, damages, EC law, fraud, HM Revenue & Customs, law reports, news, VAT by sally

Revenue and Customs Commissioners v Sunico ApS and others (Case C-49/12); [2013] WLR (D) 347

“The concept of ‘civil and commercial matters’ within the meaning of article 1(1) of Council Regulation (EC) No 44/2001 covered an action whereby a public authority of one member state claimed, as against natural and legal persons resident in another member state, damages for loss caused by a tortious conspiracy to commit value added tax fraud in the first member state.”

WLR Daily, 12th September 2013

Source: www.iclr.co.uk

Jewish academic Moty Cristal sues Unison for racial discrimination – The Independent

Posted September 13th, 2013 in damages, news, race discrimination, trade unions by tracey

“One of Britain’s biggest trade unions unlawfully sought the cancellation of a Jewish academic’s speaking engagement on the grounds that he was from Israel, a court has heard.”

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The Independent, 11th September 2013

Source: www.independent.co.uk

Insurers win riots damages claim against Met bosses – BBC News

Posted September 12th, 2013 in arson, damages, insurance, news, police, violent disorder by tracey

“Two insurance companies have won their case against police bosses for compensation over the looting and arson of a building during the 2011 riots.”

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BBC News, 12th September 2013

Source: www.bbc.co.uk

Master more than halves £1m budget – Litigation Futures

Posted September 12th, 2013 in budgets, costs, damages, fees, judges, news by tracey

“A High Court master last week more than halved a proposed budget in a quantum-only cerebral palsey case, it has emerged. Leading costs lawyer Matthew Harman told this week’s PI Futures seminar in Manchester that the master also refused to hear any argument on hourly rates.”

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Litigation Futures, 12th September 2013

Source: www.litigationfutures.com

It wasn’t me – NearlyLegal

Posted August 28th, 2013 in appeals, damages, harassment, landlord & tenant, news, repossession by sally

“On the whole, trying to appeal an unlawful eviction judgment and quantum decision against you on the basis that you are not actually the landlord is not an approach to be recommended. This appeal decision in the High Court can be taken as a reminder why this is so. There is also a reminder of the limits of Housing Act 1988 section 27(7)(a) mitigation by conduct of the tenant and of a section 27(8)(a) defence.”

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NearlyLegal, 26th August 2013

Source: www.nearlylegal.co.uk