Part 36 Offers: Say It Like You Mean It! – Ropewalk Chambers

Posted March 31st, 2023 in chambers articles, damages, health, holidays, news, part 36 offers by sally

‘In Mundy v TUI UK Ltd [2023] EWHC 385 (Ch) (judgment available here), Collins Rice J heard an appeal which considered the implications of the Claimant’s Part 36 offer to split “liability” at 90%/10%.’

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Ropewalk Chambers, 6th March 2023

Source: ropewalk.co.uk

Rotherham grooming survivor awarded £425k after suing rapist – BBC News

Posted March 28th, 2023 in child abuse, damages, news, rape, sexual grooming, victims by sally

‘A rapist convicted as part of the Rotherham grooming scandal has been ordered to pay £425,000 in damages to his victim by the High Court.’

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BBC News, 27th March 2023

Source: www.bbc.co.uk

2023: Year of the Nuisance? – UK Human Rights Blog

Posted March 27th, 2023 in appeals, damages, human rights, limitations, news, nuisance, Supreme Court by tracey

‘2023 has already been a landmark year for nuisance, with the Supreme Court handing down its controversial decision in Fearn v Tate Gallery (as discussed on this blog). The good news for those with a particular interest in the bothersome behaviour of neighbours is that Fearn is only the start.’

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UK Human Rights Blog, 24th March 2023

Source: ukhumanrightsblog.com

Law firm unfairly dismissed “homophobic” secretary – Legal Futures

‘A law firm unfairly dismissed a legal secretary who made homophobic comments because of how it ran the disciplinary process, an employment tribunal has ruled.’

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Legal Futures, 23rd March 2023

Source: www.legalfutures.co.uk

Applying to end the automatic suspension – Local Government Lawyer

Posted March 22nd, 2023 in contracts, damages, local government, news, public procurement, trials by tracey

‘A recent High Court ruling has provided useful insights into ending the Regulation 95 Contract Making Suspension, writes Colin Ricciardiello.’

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Local Government Lawyer, 21st March 2023

Source: www.localgovernmentlawyer.co.uk

Split liability offer did not meet Part 36 requirements – Law Society’s Gazette

Posted March 17th, 2023 in civil procedure rules, costs, damages, holidays, news, part 36 offers by tracey

‘A claimant’s 90/10 liability offer went against both the letter and spirit of civil procedure rules on Part 36, a High Court judge has ruled.’

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Law Society's Gazette, 16th March 2023

Source: www.lawgazette.co.uk

The 8th Annual Property Law Lecture at the School of Law and Social Justice in the University of Liverpool – Courts and Tribunals Judiciary

Posted March 13th, 2023 in damages, forfeiture, penalties, speeches by tracey

‘Forfeiture, penalties and damages in property law. The 8th Annual Property Law Lecture at the School of Law and Social Justice in the University of Liverpool given by Mr Justice Fancourt, Vice-Chancellor of the County Palatine of Lancaster on Tuesday, 21 February 2023.’

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Courts and Tribunals Judiciary, 8th March 2023

Source: www.judiciary.uk

UK competition court halts class action claim against Meta – OUT-LAW.com

‘The UK’s Competition Appeal Tribunal (CAT) has paused the progress of a class action against Facebook’s parent company, Meta, amid concerns over the validity of the methodology used to calculate potential damages.’

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OUT-LAW.com, 1st March 2023

Source: www.pinsentmasons.com

Warwick student with cancer wins payout after university denied extension request – The Guardian

Posted February 24th, 2023 in cancer, damages, disabled persons, education, health, news, universities by sally

‘Warwick University has agreed to pay a student who is seriously ill with cancer £12,000 in damages for the “distress and inconvenience” caused by not allowing her to extend her course as a result of her health condition.’

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The Guardian, 23rd February 2023

Source: www.theguardian.com

Black people labelled ‘backward’ as children seek justice for lifelong trauma – The Guardian

‘Black people wrongly labelled “educationally subnormal” as children in the UK before being sent to special schools have launched a campaign demanding an apology and compensation from the government.’

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The Guardian, 21st February 2023

Source: www.theguardian.com

Paralegal awarded £30k over pregnancy discrimination and low pay – Legal Futures

Posted February 20th, 2023 in damages, employment, employment tribunals, equality, news, paralegals, pregnancy, solicitors by tracey

‘A solicitor has been ordered to pay a paralegal over £30,000 after an employment tribunal found he discriminated against her once she became pregnant.’

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Legal Futures, 17th February 2023

Source: www.legalfutures.co.uk

Legal victory in UK Japanese knotweed case could lead to more claims – The Guardian

Posted February 15th, 2023 in appeals, damages, housing, local government, news, railways by sally

‘A significant legal victory in a case brought by a householder affected by Japanese knotweed has raised the prospect of an increase in claims from people stricken by the hazardous plant.’

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The Guardian, 14th February 2023

Source: www.theguardian.com

NHS trust pays woman damages after son’s body left to decompose – The Guardian

Posted February 13th, 2023 in bereavement, damages, families, hospitals, mental health, news, psychiatric damage by tracey

‘A woman has been paid damages by an NHS trust after developing post-traumatic stress disorder when a mortuary allowed her son’s body to decompose to such an extent that relatives were advised not to view it, the Guardian can reveal.’

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The Guardian, 12th February 2023

Source: www.theguardian.com

Supreme Court ruling in Tate Modern privacy case could create ‘new front of litigation’ – OUT-LAW.com

Posted February 6th, 2023 in appeals, damages, housing, injunctions, London, news, nuisance, privacy, Supreme Court by tracey

‘The Supreme Court’s ruling in a nuisance dispute involving a viewing platform at the Tate Modern gallery in London could “open a new front of litigation”, according to two legal experts.’

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OUT-LAW.com, 6th February 2023

Source: www.pinsentmasons.com

Competition court judges criticise parties in Merricks v Mastercard – Law Society’s Gazette

Posted February 6th, 2023 in banking, class actions, competition, damages, limitations, news, time limits by tracey

‘Commercial court judges found “neither side had covered itself in glory” in the latest judgment in Merricks v Mastercard Incorporated and Ors.’

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Law Society's Gazette, 5th February 2023

Source: www.lawgazette.co.uk

Bridgend land owner wins knotweed appeal court pay-out – BBC News

Posted February 6th, 2023 in appeals, damages, housing, local government, news, nuisance by tracey

‘A land owner has won a legal fight after complaining about Japanese knotweed encroaching from council land.’

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BBC News, 5th February 2023

Source: www.bbc.co.uk

Land owner wins Japanese knotweed blight fight in appeal court – The Independent

Posted February 3rd, 2023 in appeals, damages, housing, local government, news by michael

‘A land owner has won a damages fight after complaining about Japanese knotweed encroaching from neighbouring land.’

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The Independent, 3rd February 2023

Source: www.independent.co.uk%20

Former Royal Marine seeks £1.5m in damages over hearing loss – BBC News

‘A former Royal Marine is seeking more than £1m in damages from the government over “noise-induced hearing loss”.’

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BBC News, 19th January 2023

Source: www.bbc.co.uk

‘Special’ damages requiring prior knowledge of parties to construction contracts – OUT-LAW.com

Posted January 16th, 2023 in construction industry, contracts, damages, news by tracey

‘When a party breaches a term of a construction contract, the other party to the contract has the right to claim an award of damages.’

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OUT-LAW.com, 16th January 2023

Source: www.pinsentmasons.com

Court rejects costs budgeting plea on child’s clin neg claim – Law Society’s Gazette

Posted January 16th, 2023 in birth, costs, damages, hospitals, negligence, news, personal injuries by tracey

‘The High Court has rejected a defendant’s plea for a costs management order regarding a child’s clinical negligence case which could still have years to run. Master Cook stated that the policy of children’s cases being exempt from costs management should be adhered to, even if the defendant was unhappy with the costs incurred so far.’

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Law Society's Gazette, 13th January 2023

Source: www.lawgazette.co.uk