Category: damages

Elvanite Full Circle Limited v AMEC Earth & Environmental (UK) Limited [2013] EWHC 1191 (TCC) – 4 New Square

Posted July 3rd, 2013 in contracts, damages, interpretation, limitations, negligence, news, planning by sally

“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

Posted June 28th, 2013 in appeals, asylum, damages, false imprisonment, homosexuality, immigration, judicial review, law reports by sally

Regina ((JB) (Jamaica)) v Secretary of State for the Home Department: [2013] EWCA Civ 666;   [2013] WLR (D)  252

“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

Posted June 28th, 2013 in covenants, damages, leases, news, repairs by sally

“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.”

Full story

NearlyLegal, 25th June 2013

Source: www.nearlylegal.co.uk

Daily Mail in £100,000-plus payout over Syrian chemical weapons story – The Guardian

Posted June 27th, 2013 in damages, defamation, media, news, weapons by sally

“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.”

Full story

The Guardian, 26th June 2013

Source: www.guardian.co.uk

Senior RAF nurse wins damages in sexual discrimination case – The Guardian

Posted June 25th, 2013 in armed forces, damages, government departments, news, nurses, sex discrimination, tribunals by sally

“The highest-ranking nurse in the Royal Air Force has won damages after bringing a sexual discrimination case against the Ministry of Defence.”

Full story

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

Posted June 21st, 2013 in damages, insurance, news, periodical payments, personal injuries by sally

“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).”

Full story

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

Posted June 20th, 2013 in damages, defamation, media, news, psychics by sally

“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.”

Full story

The Guardian, 20th June 2013

Source: www.guardian.co.uk

Serious Personal Injury Litigation – A Quantum Update – Byrom Street Chambers

Posted June 18th, 2013 in compensation, damages, news, personal injuries by sally

“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

Private enforcement: the Commission speaks at last – Competition Bulletin from Blackstone Chambers

Posted June 17th, 2013 in competition, damages, disclosure, EC law, enforcement, joint liability, news, time limits by sally

“The trio of documents published by the Commission last week mark an important moment in private competition enforcement in the EU. After years of debate and consultation, it is now clear that, whilst the Commission is determined to take some important steps to assist claimants in private actions, it is not prepared to bring about the sorts of fundamental changes which would be needed to realise the full potential of private enforcement.”

Full story

Competition Bulletin from Blackstone Chambers, 15th June 2013

Source: www.competitionbulletin.com

Calix v Attorney General of Trinidad and Tobago – WLR Daily

Posted June 12th, 2013 in appeals, damages, homelessness, law reports, malicious prosecution, Privy Council, rape by sally

Calix v Attorney General of Trinidad and Tobago [2013] UKPC 15; [2013] WLR (D) 219

“Oddity of personality did not of itself diminish the value of one’s good character and, therefore, a judge had erred in reducing a plaintiff’s damages for malicious prosecution on the basis that his reputation and social standing did not amount to much because he had chosen to withdraw from society and live as a recluse.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk

Woman loses baby after acne drug wrongly prescribed – BBC News

Posted June 11th, 2013 in damages, medicines, negligence, news, pregnancy by sally

“A hospital has paid an undisclosed amount after a pregnant woman was given acne drugs that caused her unborn baby severe abnormalities.”

Full story

BBC News, 11th June 2013

Source: www.bbc.co.uk

Carmarthenshire blogger told to pay £230,000 legal costs – BBC News

Posted June 6th, 2013 in appeals, costs, damages, defamation, harassment, local government, news by sally

“A Carmarthenshire blogger fears losing her home after being told to pay a £230,000 legal bill for a failed bid to sue a council chief executive.”

Full story

BBC News, 5th June 2013

Source: www.bbc.co.uk

Diplomat awarded £300,000 following accusations of inappropriate behaviour – Daily Telegraph

Posted June 5th, 2013 in appeals, costs, damages, disciplinary procedures, government departments, news, unfair dismissal by sally

“A former diplomat has won £320,000 from the government after he was accused of behaving ‘inappropriately’ towards a senior politician’s wife.”

Full story

Daily Telegraph, 4th June 2013

Source: www.telegraph.co.uk

Aspect Construction (Asbestos) Ltd v Higgins Construction plc – WLR Daily

Posted June 4th, 2013 in arbitration, construction industry, contracts, damages, law reports by sally

Aspect Construction (Asbestos) Ltd v Higgins Construction plc [2013] EWHC 1322 (TCC); [2013] WLR (D) 211

“A construction contract did not contain an implied term that a party to the contract, unsuccessful in adjudication, was entitled to have a final and binding resolution of the dispute determined by litigation.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk

Breach of confidence requires infringer having knowledge of breach, rules Supreme Court – OUT-LAW.com

Posted May 28th, 2013 in confidentiality, contract of employment, damages, employment, news, Supreme Court by sally

“Former employees of companies that use trade secrets to develop products cannot automatically be found to have acted in breach of confidence if they are involved in rival operations that exploit the protected information, the Supreme Court has ruled.”

Full story

OUT-LAW.com, 28th May 2013

Source: www.out-law.com

Vestergaard Frandsen A/S and others v Bestnet Europe Ltd and others – WLR Daily

Posted May 28th, 2013 in confidentiality, contract of employment, damages, law reports, Supreme Court by sally

Vestergaard Frandsen A/S and others v Bestnet Europe Ltd and others [2013] UKSC 31; [2013] WLR (D) 200

“A former employee who started a business which developed a product using her former employers’ trade secrets was not liable for breach of confidence in circumstances where she neither knew the identity of those secrets nor that they were being used to develop the new product.”

WLR Daily, 22nd May 2013

Source: www.iclr.co.uk

Sun faces first civil claim as model sues over ‘police bribes’ – The Guardian

Posted May 28th, 2013 in corruption, damages, media, news, police, privacy by sally

“A model is suing the Sun and Scotland Yard in the first civil claim linked to alleged corrupt payments to police officers and public officials.”

Full story

The Guardian, 27th May 2013

Source: www.guardian.co.uk

Vestergaard Frandsen A/S (now called mvf3 Apps) and others (Appellants) v Bestnet Europe Limited and others (Respondents) – Supreme Court

Posted May 23rd, 2013 in confidentiality, contract of employment, damages, law reports, Supreme Court by sally

Vestergaard Frandsen A/S (now called mvf3 Apps) and others (Appellants) v Bestnet Europe Limited and others (Respondents) [2013] UKSC 31 | UKSC 2011/0144 (YouTube)

Supreme Court, 22nd May 2013

Source: www.youtube.com/user/UKSupremeCourt

AAA v Associated Newspapers Ltd – WLR Daily

Posted May 23rd, 2013 in appeals, confidentiality, damages, freedom of expression, injunctions, law reports, media, paternity, privacy, public interest by sally

AAA v Associated Newspapers Ltd [2013] EWCA Civ 554; [2013] WLR (D) 189

“Where a judge at first instance had carried out the careful balancing exercise required in respect of an individual’s right of privacy and a publisher’s right of freedom of expression, an appellate court should not intervene unless the judge had erred in principle, or reached a conclusion which was plainly wrong or outside the ambit of conclusions that could reasonably be reached.”

WLR Daily, 20th May 2013

Source: www.iclr.co.uk

Interflora wins trademark case against Marks & Spencer – The Guardian

Posted May 22nd, 2013 in advertising, consumer protection, damages, internet, news, trade marks by sally

“Marks and Spencer has lost a five-year legal battle with Interflora after it bought advertising space tied to Google searches for the flower delivery network’s name.”

Full story

The Guardian, 21st May 2013

Source: www.guardian.co.uk