Lance Armstrong ‘agrees Sunday Times settlement’ – BBC News
“Disgraced cyclist Lance Armstrong has agreed a settlement with the Sunday Times after it sued him for about £1m, the paper has announced.”
BBC News, 25th August 2013
Source: www.bbc.co.uk
Category: damages
The economics of margin squeeze – Competition Bulletin from Blackstone Chambers
“The Competition Bulletin is pleased to welcome the second in our series of blogs by Oxera Consulting on key economic concepts for competition lawyers. In this blog, Tuomas Haanperä, a Senior Consultant, discusses the economic issues surrounding follow-on damages claims in margin squeeze cases (where a dominant firm has charged a combination of retail and wholesale prices that prevents other, ‘squeezed’, rivals from competing). This topic was recently discussed at the Oxera Economics Council, a forum of prominent European economic thinkers and academics that meets twice a year to discuss current economic policy topics.”
Competition Bulletin from Blackstone Chambers, 16th August 2013
Source: www.competitionbulletin.com
Countess fired housekeeper over pregnancy, tribunal told – The Guardian
“Housekeeper at Surrey home of Maya Von Schoenburg, former wife of Mercedes-Benz heir, awarded £19,000 in damages.”
The Guardian, 5th August 2013
Source: www.guardian.co.uk
JK Rowling law firm pays damages over pseudonym leak – BBC News
“Harry Potter creator JK Rowling has accepted a substantial charity donation from the law firm that revealed she was writing under a pseudonym.”
BBC News, 31st July 2013
Source: www.bbc.co.uk
Peter Cruddas wins £180,000 damages in Sunday Times libel case – The Guardian
“The former Conservative party co-treasurer Peter Cruddas has won £180,000 damages in his high court libel action over a Sunday Times allegation about charging £250,000 to meet David Cameron.”
The Guardian, 31st July 2013
Source: www.guardian.co.uk
Christopher Forsyth: Principle or Pragmatism: Closed Material Procedure in the Supreme Court
“In Al Rawi & Ors v The Security Service & Ors [2011] UKSC 34; [2012] 1 AC 531 the claimants (respondents in the Supreme Court) were bringing civil claims for damages against the defendants (appellants in the Supreme Court) alleging complicity by the defendants in their mistreatment by foreign powers (including detention at Guantanamo Bay). The defendants as part of their defence wished to place before the court ‘security sensitive material’ – presumably the evidence of intelligence agents, or similar, denying the complicity – which for security reasons could not be disclosed to the claimants. Thus the defendants submitted that the court hold a “closed material procedure”. They envisaged that the evidence would be placed before the courts in closed session, i.e. a session from which the claimants and their representatives (and the public) were excluded. In the closed session the claimants would be represented by “special advocates” appointed by the court who would have access to the evidence but would not be able to take instructions from the claimants. Such procedures are controversial since they threaten the fundamental principles of open justice and natural justice. On the other hand, the national interest would doubtless be impaired, in some cases, if intelligence agents gave evidence and their methods and secrets were exposed in open court.”
UK Constitutional Law Group, 29th July 2013
Source: www.ukconstitutionallaw.org
Former Huddersfield rugby star’s Twitter sacking illegal – BBC News
“A rugby league star sacked by his club after a photo of a team-mate’s bottom was posted on his Twitter account was unlawfully dismissed, a judge ruled.”
BBC News, 18th July 2013
Source: www.bbc.co.uk
Woman won harrassment case against ‘bullying bank’ – Daily Telegraph
“A woman has won a case of harassment against her bank after she was plagued by more than 500 calls for missing a single loan payment.”
Daily Telegraph, 8th July 2013
Source: www.telegraph.co.uk
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Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd) – WLR Daily
“Where judgment was given in an English court that a patent, whether English or European, was valid and infringed, and the patent was subsequently retrospectively revoked or amended, whether in England or at the European Patent Office, the defendant was entitled to rely on the fact of the revocation or amendment on an inquiry as to damages in respect of the unamended patent.”
WLR Daily, 3rd July 2013
Source: www.iclr.co.uk
Damages for infringement should be calculated on basis of amended not original patents, rules Supreme Court – OUT-LAW.com
“The UK Supreme Court has ruled that companies found to have infringed patents can rely on the subsequent amendment of patent claims to exonerate them from liability for damages.”
OUT-LAW.com, 4th July 2013
Source: www.out-law.com
Contributory negligence claims and the use of child passenger restraints by Stuart Young – Sovereign Chambers
“Parents who fail to secure their children in appropriate child passenger seats can be found to be contributory negligent for any injuries that may be suffered by the child as a result of a road traffic accident, as confirmed by the recent Court of Appeal case Williams v Estate of Dayne Joshua Williams 2013.”
Sovereign Chambers, 1st July 2013
Source: www.sovereignchambers.co.uk
Elvanite Full Circle Limited v AMEC Earth & Environmental (UK) Limited [2013] EWHC 1191 (TCC) – 4 New Square
“The judgment develops the growing body of case law surrounding planning consultants and both the substantive and costs judgments will be of interest to construction and costs practitioners alike. The case also raises interesting issues concerning exclusion clauses (including UCTA), limitation of liability, estoppel, waiver, extensions of time and the correct measure of loss.”
Full story (PDF)
4 New Square, 1st July 2013
Source: www.4newsquare.com
Regina ((JB) (Jamaica)) v Secretary of State for the Home Department – WLR Daily
“Since the undisputed evidence was that homosexuals were routinely persecuted in Jamaica, the Secretary of State had acted unlawfully in designating Jamaica, under section 94(5)(a) of the Nationality, Immigration and Asylum Act 2002, as a state where there was ‘in general no serious risk of persecution of persons entitled to reside in that state.’ ”
WLR Daily, 12th June 2013
Source: www.iclr.co.uk
Leasehold repair covenants and damages – NearlyLegal
“Hunt & Ors v Optima (Cambridge) Ltd & Ors [2013] EWHC 681 (TCC).
This is a brief note on what was a complex case arising out of what, by any measure, appears to have been a very poor construction and subsequent maintenance of a new build block of flats. As will become clear, I’m rather troubled by some of the Court’s findings.”
NearlyLegal, 25th June 2013
Source: www.nearlylegal.co.uk
Daily Mail in £100,000-plus payout over Syrian chemical weapons story – The Guardian
“The Daily Mail has apologised and paid £110,000 in libel damages to a London defence firm it wrongly linked with an alleged chemical weapons plot in Syria.”
The Guardian, 26th June 2013
Source: www.guardian.co.uk
Senior RAF nurse wins damages in sexual discrimination case – The Guardian
“The highest-ranking nurse in the Royal Air Force has won damages after bringing a sexual discrimination case against the Ministry of Defence.”
The Guardian, 25th June 2013
Source: www.guardian.co.uk
Nicholas Bevan believes catastrophically injured claimants deserve better treatment from the insurance industry – New Law Journal
“The Court of Appeal’s ruling in Follett v Wallace [2013] EWCA Civ 146, [2013] All ER (D) 57 (Mar) should give practitioners pause for thought. This was one of those tragic catastrophic injury claims where the victim was left with extensive life-long care needs. Neither liability nor quantum was disputed. Both parties were agreed to part of the claimant’s compensatory entitlement being paid under a periodical payments order (PPO).”
New Law Journal, 20th June 2013
Source: www.newlawjournal.co.uk
Daily Mail to pay £125,000 libel damages over TV psychic ‘scam’ claim – The Guardian
“The Daily Mail has apologised and agreed to pay £125,000 in libel damages to a TV psychic it falsely accused of using a hidden earpiece to scam a theatre audience.”
The Guardian, 20th June 2013
Source: www.guardian.co.uk
Serious Personal Injury Litigation – A Quantum Update – Byrom Street Chambers
“Arguments concerning the indexation of periodical payments orders triggered many more cases than usual being tried out on numerous heads of damage. Further cases have followed after the issue of indexation was decided. James Rowley QC brings together the judgments so that trends in awards in the most serious litigation can be identified.”
Full story (PDF)
Byrom Street Chambers, 30th May 2013
Source: www.byromstreet.com
