Autism damages case: Met Police loses damages appeal – BBC News

Posted February 14th, 2013 in appeals, autism, damages, false imprisonment, mental health, news, police by sally

“The Court of Appeal has rejected a bid to overturn a damages award made to a teenager with autism restrained by police after jumping fully-clothed into a swimming pool.”

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BBC News, 14th February 2013

Source: www.bbc.co.uk

Lost renewables subsidies successfully claimed as human rights damages – UK Human Rights Blog

Posted February 14th, 2013 in appeals, damages, energy, human rights, news by sally

“This decision upholding an award of damages for a claim under Article 1 Protocol 1 (right to possessions) may seem rather straightforward to a non-lawyer. Infinis lost out on some subsidies because the regulator misunderstood a complex legal document. It could not claim those subsidies any more, so it claimed and got damages from the regulator. But the relatively novel thing is that English law does not generally allow claims for damage caused by unlawful action by the state. And yet the Court of Appeal found it easy to dismiss the regulator’s appeal on this point.”

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UK Human Rights Blog, 13th February 2013

Source: www.ukhumanrightsblog.com

Phone hacking: Sarah Ferguson and Hugh Grant among 144 to win damages – The Guardian

Posted February 8th, 2013 in damages, interception, media, news, privacy by sally

“Sarah Ferguson, the Duchess of York, is among 144 people who have won substantial damages after settling their phone-hacking claims against the News of the World, the high court has heard.”

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The Guardian, 8th February 2013

Source: www.guardian.co.uk

Peers pass low-cost arbitration law for victims of press defamation – The Guardian

Posted February 6th, 2013 in arbitration, bills, complaints, costs, damages, defamation, media, news, victims by sally

“A cross-party alliance of peers hasinjected new momentum into the stalling cross-party talks on the future of press regulation by passing a law to implement a key plank of the Leveson report.”

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The Guardian, 5th February 2013

Source: www.guardian.co.uk

Cruddas wins libel payout over former Blair aide’s Twitter slurs – The Guardian

Posted February 4th, 2013 in damages, defamation, internet, news by tracey

“Peter Cruddas, the former Conservative Party co-treasurer, has won £45,000 in libel damages plus costs from a former private secretary to Tony Blair who repeatedly alleged he was a criminal who flouted electoral law.”

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The Guardian, 4th February 2013

Source: www.guardian.co.uk

Naomi Campbell wins damages from Telegraph over ‘elephant polo’ claims – The Guardian

Posted January 31st, 2013 in damages, defamation, media, news by sally

“Naomi Campbell has received an apology and ‘substantial’ libel damages from the Daily Telegraph over an article that wrongly claimed she organised an elephant polo tournament in India.”

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The Guardian, 31st January 2013

Source: www.guardian.co.uk

Judge says £420,000 racism claim can stand, after 13 years of ‘Dickensian’ wrangling – Daily Telegraph

“A race equality campaigner who won £420,000 compensation after a council-funded anti-racism group turned her down for a job has emerged victorious from a “Dickensian” court battle – at the ultimate expense of the public purse.”

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Daily Telegraph, 29th January 2013

Source: www.telegraph.co.uk

Civil court claimants must keep costs under control from April, expert warns – OUT-LAW.com

Posted January 30th, 2013 in budgets, civil justice, costs, damages, news by sally

“The Court of Appeal has reiterated the importance of accurate budgeting once wide-ranging reforms to civil court costs and procedures come into force from April.”

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OUT-LAW.com, 30th January 2013

Source: www.out-law.com

Mother Hazel Spence left paralysed by hospital error – BBC News

Posted January 29th, 2013 in damages, hospitals, medical treatment, news, personal injuries by sally

“A mother of two has been given a multimillion-pound payout by a Birmingham hospital, after mistakes during an operation left her paralysed.”

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BBC News, 29th January 2013

Source: www.bbc.co.uk

Rapist wins damages from government – BBC News

Posted January 29th, 2013 in damages, delay, human rights, news, parole, rape by sally

“The government has been ordered to pay damages to a convicted rapist because of delays to a review about whether he should be released.”

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BBC News, 29th January 2013

Source: www.bbc.co.uk

Sudanese paedophile cannot be deported over fears he would be ‘persecuted’ in home country – Daily Telegraph

Posted January 28th, 2013 in child abuse, damages, deportation, human rights, immigration, news, sexual offences by sally

“A Sudanese paedophile who was part of a group of immigrants who lured schoolgirls to a house for sex cannot be deported because he is a member of a ‘persecuted tribe’, it was disclosed at the High Court yesterday.”

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Daily Telegraph, 26th January 2013

Source: www.telegraph.co.uk

Damages claims “inevitable consequence” of Government’s confused approach to solar, says expert – OUT-LAW.com

Posted January 24th, 2013 in damages, energy, news by sally

“Reports that some companies involved in solar energy are pursuing claims for damages against the Government are the ‘inevitable consequence of its hitherto confused’ approach to subsidies, an expert has said.”

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OUT-LAW.com, 24th January 2013

Source: www.out-law.com

Ministry of Justice publishes final DBA and success fee cap regulations – Litigation Futures

Posted January 23rd, 2013 in advocacy, consultations, damages, fees, news, regulations by sally

“Signs of life from the Ministry of Justice over getting on with implementing the Jackson reforms emerged yesterday with publication of two draft statutory instruments that will come into force on 1 April.”

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Litigation Futures, 23rd January 2013

Source: www.litigationfutures.com

Met appeal over autism damages ruling – BBC News

“The father of an autistic boy restrained by Metropolitan Police officers after he jumped into a swimming pool has attacked the force for challenging a ruling against them.”

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BBC News, 22nd January 2013

Source: www.bbc.co.uk

Husband tricked into believing wife’s children were his awarded £25,000 damages – Daily Telegraph

Posted January 14th, 2013 in bereavement, damages, deceit, DNA, news, paternity by tracey

“A husband has won £25,000 in damages for ‘bereavement’ after his wife tricked him into believing children whom he raised until they were teenagers were his rather than the products of affairs.”

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Daily Telegraph, 13th January 2013

Source: www.telegraph.co.uk

Hackney Empire Ltd v Aviva Insurance Ltd – WLR Daily

Posted January 7th, 2013 in appeals, contracts, damages, guarantees, law reports, surety by sally

Hackney Empire Ltd v Aviva Insurance Ltd [2012] EWCA Civ 1716; [2013] WLR (D) 2

“The rule in Holme v Brunskill (1878) 3 QBD 495, permitting the discharge of a surety’s liability under a guarantee, only applied where the parties to the principal contract guaranteed had varied the terms of that contract without the surety’s consent.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

Dalmare SpA v Union Maritime Ltd and another – WLR Daily

Dalmare SpA v Union Maritime Ltd and another [2012] EWHC 3537 (Comm); [2012] WLR (D) 391

“Section 14(2) of the Sale of Goods Act 1979 implied a term into a memorandum of agreement for the sale of a vessel sold ‘as she was’ that the goods would be of satisfactory quality.”

WLR Daily, 13th December 2012

Source: www.iclr.co.uk

Premier Models wins legal action against rogue booker – Daily Telegraph

Posted November 30th, 2012 in abuse of position of trust, costs, damages, fraud, news by tracey

“Premier Model Management Ltd, the former agency of Naomi Campbell, has today won its High Court legal action against male model turned booker John Bruce.”

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Daily Telegraph, 29th November 2012

Source: www.telegraph.co.uk

How to keep children anonymous in personal injury cases – UK Human Rights Blog

Posted November 28th, 2012 in anonymity, children, damages, news, personal injuries, privacy by sally

“In personal injury proceedings involving a child it was appropriate to grant an anonymity order prohibiting her identification since it would defeat the purpose of the proceedings to ensure that she received and kept compensation awarded for her injuries.”

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UK Human Rights Blog, 28th November 2012

Source: www.ukhumanrightsblog.com

Tying ourselves into (Gordian) knots? – Thirty Nine Essex Street

“This paper seeks to take a step back from the intricacies of the DOLS regime that we have learned to know and, at best (I sense) tolerate since it was introduced in April 2009. Rather, it seeks to re examine the fundamental question of what constitutes a deprivation of liberty for purposes of Article 5(1) ECHR in the context of those without capacity to determine their own residence and care/treatment arrangements.”

Full story (PDF)

Thirty Nine Essex Street, November 2012

Source: www.39essex.com