Changes to Civil Procedure Rules and court costs made in April 2013 – OUT-LAW.com

“From 1 April 2013 a number of changes to the Civil Procedure Rules (CPRs) governing court action in England and Wales took effect. This is a summary of those changes.”

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OUT-LAW.com, May 2013

Source: www.out-law.com

Damages under section 13 DPA: Court of Appeal’s judgment in Halliday – Panopticon

Posted May 20th, 2013 in appeals, compensation, damages, data protection, news by sally

“I blogged a while ago about the ex tempore judgment from the Court of Appeal in a potentially groundbreaking case on damages under section 13 of the DPA, namely Halliday v Creation Consumer Finance [2013] EWCA Civ 333. The point of potential importance was that ‘nominal damages’ appeared to suffice for the purposes of section 13(1), thereby opening up section 13(2). In short, the point is that claimants under the DPA cannot be compensated for distress unless they have also suffered financial harm. A ‘nominal damages’ approach to the concept of financial harm threatened to make the DPA’s compensation regime dramatically more claimant-friendly.”

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Panopticon, 17th May 2013

Source: www.panopticonblog.com

Button Moon creator Ian Allen wins court copyright fight – BBC News

Posted May 20th, 2013 in copyright, damages, news by sally

“The creator of children’s TV show Button Moon has won a damages claim against a businessman he said copied his designs on T-shirts and mugs.”

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BBC News, 17th May 2013

Source: www.bbc.co.uk

Loveridge v Lambeth London Borough Council – WLR Daily

Loveridge v Lambeth London Borough Council [2013] EWCA Civ 494; [2013] WLR (D) 173

“The valuation required by section 28(1) of the Housing Act 1988, in respect of damages for unlawful eviction under section 27, required that the propensity for the rights of a tenant of a local authority to change from those of a secure tenant to those of an assured tenant on a sale of the reversion to a private landlord was to be factored into the hypothetical valuation of the landlord’s interest subject to the tenant’s rights.”

WLR Daily, 10th May 2013

Source: www.iclr.co.uk

Sun on Sunday pays damages to man wrongly linked to serial killer – The Guardian

Posted May 14th, 2013 in costs, damages, media, news by sally

“The Sun on Sunday ran a front page ‘world exclusive’ last November headlined ‘I’m Fred West’s love child’.”

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The Guardian, 13th May 2013

Source: www.guardian.co.uk

Ramsey: costs management limits being reviewed – Litigation Futures

Posted May 13th, 2013 in costs, damages, judges, limitations, news, solicitors by tracey

“The £2m limit above which commercial cases are not subject to automatic costs management is being reviewed, the judge in charge of Jackson implementation has revealed, while also hinting that pre-issue costs may come within costs management in future.”

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Litigation Futures, 13th May 2013

Source: www.litigationfutures.com

WPc’s cut thumb will cost force £100,000 – Daily Telegraph

Posted May 13th, 2013 in appeals, compensation, costs, damages, health & safety, news, personal injuries, police by tracey

“Taxpayers were last night facing a legal bill of at least £100,000 after a long-standing compensation row involving a female police officer who cut her thumb while on duty.”

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Daily Telegraph, 10th May 2013

Source: www.telegraph.co.uk

Solicitor James Watson attacks police ‘vendetta’ – The Independent

“A defence solicitor who secured more than £500,000 in damages from a police force after he was wrongly arrested says officers mounted a ‘vendetta’ against him.”

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The Independent, 11th May 2013

Source: www.independent.co.uk

Regina (Faulkner) v Secretary of State for Justice and another; Regina (Sturnham) v Parole Board and another – WLR Daily

Posted May 8th, 2013 in damages, delay, human rights, imprisonment, law reports, parole by sally

Regina (Faulkner) v Secretary of State for Justice and another; Regina (Sturnham) v Parole Board and another [2013] UKSC 23; [2013] WLR (D) 162

“Where it was established on a balance of probabilities that a delay in holding a hearing before the Parole Board, in violation of art 5.4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, had resulted in the detention of a prisoner beyond the date when he would otherwise have been released, damages should ordinarily be awarded as compensation for the resultant detention.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

Met Police pay libel damages to riots ‘Good Samaritan’ – BBC News

Posted May 3rd, 2013 in complaints, damages, defamation, news, police, public order by tracey

“The Metropolitan Police is to pay substantial damages to a man who was wrongly
pictured in ‘wanted’ posters following the London riots in 2011.”

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BBC News, 3rd May 2013

Source: www.bbc.co.uk

Guidance from the Supreme Court on human rights damages – UK Human Rights Blog

Posted May 3rd, 2013 in damages, delay, human rights, news, parole, Supreme Court by tracey

“Faulkner, R (on the application of ) v Secretary of State for Justice and another [2013] UKSC 23. The Supreme Court has taken a fresh look at what is meant by the Human Rights Act exhortation to take Strasbourg jurisprudence ‘into account’ when fashioning remedies for violations of Convention rights, in this case the right not to be arbitrarily detained under Article 5.”

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UK Human Rights Blog, 2nd May 2013

Source: www.ukhumanrightsblog.com

 

An introduction to qualified one way costs shifting: New CPR 44.13-17 – Hardwicke Chambers

Posted May 1st, 2013 in appeals, civil procedure rules, costs, damages, fees, news by sally

“In ‘part-payment’ for the loss of recoverability of the CFA success fee, Lord Justice Jackson gave Claimants a 10% uplift on general damages, which was enacted in rather peculiar fashion by the Court of Appeal in Simmons v Castle by means that can only be described as ‘judicial legislating’.”

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Hardwicke Chambers, 19th April 2013

Source: www.hardwicke.co.uk

How can the courts manage the Facebook phenomenon? – UK Human Rights Blog

Posted April 24th, 2013 in children, damages, human rights, injunctions, internet, news by sally

“In this somewhat chaotic action, the Plaintiff sued ten defendants, in anonymised form by her father and next friend.”

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UK Human Rights Blog, 24th April 2013

Source: www.ukhumanrightsblog.com

Dale Farm protester awarded damages – Daily Telegraph

Posted April 23rd, 2013 in assault, damages, demonstrations, detention, false imprisonment, human rights, news by sally

“A protester arrested at the Dale Farm traveller eviction will receive undisclosed damages after she complained she was left in a police van for too long.”

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Daily Telegraph, 23rd April 2013

Source: www.telegraph.co.uk

Teacher wins right to have dropped allegation removed from criminal record checks – The Independent

“A police force unlawfully infringed a physical education teacher’s human rights by refusing to remove detail of an 18-year-old woman’s harassment allegation from a ‘criminal record certificate’ available to potential employers, a High Court judge has ruled.”

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The Independent, 22nd April 2013

Source: www.independent.co.uk

Cutting to the chase – New Law Journal

Posted April 22nd, 2013 in case management, costs, damages, doctors, expert witnesses, news, personal injuries by sally

“The Jackson and associated reforms in civil court procedure are largely now in place. Extended ‘tracks’ and ‘portals’, reduced fixed fees, costs budgeting and non-recoverability of success fees will force lawyers to take a close look at the costs incurred in presenting an injury claim and how most efficiently to put the claim together. The medical report is essential, providing the foundations of much of the claim.”

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New Law Journal, 19th April 2013

Source: www.newlawjournal.co.uk

Court awards anonymity for victim of libellous “paedophile” allegations – UK Human Rights Blog

Posted April 22nd, 2013 in blackmail, child abuse, compensation, damages, defamation, fraud, internet, news, victims by sally

“The permanent damage that internet publications can inflict is very much the focus of Tugendhat J’s assessment of damages in this case, encapsulated in the memorable description he quoted in an earlier judgment: ‘what is to be found on the internet may become like a tattoo’.”

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UK Human Rights Blog, 21st April 2013

Source: www.ukhumanrightsblog.com

Phone hacking: NoW publisher pays damages to Neil Hamilton – The Guardian

Posted April 19th, 2013 in damages, interception, media, news, telecommunications by tracey

“Reality TV star Jady Goody’s estate, former Conservative MP Neil Hamilton and his wife Christine and a former aide to Tony Blair are among eight of the latest claimants to settle their cases against News of the World for phone hacking.”

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The Guardian, 19th April 2013

Source: www.guardian.co.uk

Private Trusts and the Court of Protection – No. 5 Chambers

Posted April 17th, 2013 in Court of Protection, damages, gifts, news, trusts by sally

“The Court of Protection has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves. Among its various roles the Court is responsible for determining disputes as to the registration of enduring powers of attorney (“EPA”), and Lasting Powers of Attorney (‘LPA’), appointing new trustees, authorising certain gifts and making statutory wills.”

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No. 5 Chambers, 4th February 2013

Source: www.no5.com

Courts can use hypothetical licensing arrangements to calculate trade mark damages, says High Court – OUT-LAW.com

Posted April 17th, 2013 in damages, gambling, internet, licensing, news, patents, trade marks by sally

“Courts can calculate trade mark infringement damages based on a hypothetical licensing arrangement, the High Court has said.”

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OUT-LAW.com, 17th April 2013

Source: www.out-law.com