“A Jamaican convicted criminal who claims he was illegally detained before being deported from Britain has won a nominal £1 in damages from the Home Office – after a costly taxpayer-funded legal battle.”
Daily Telegraph, 14th May 2012
Source: www.telegraph.co.uk
Sullivan (aka Soloman) v Bristol Film Studios Ltd [2012] EWCA Civ 570; [2012] WLR (D) 145
“In deciding whether a small claim ought to be struck out as an abuse of process it was relevant to consider whether there was a proportionate procedure available by which the claim could be adjudicated.”
WLR Daily, 3rd May 2012
Source: www.iclr.co.uk
Les Laboratoires Servier and another v Apotex Inc and others [2012] EWCA Civ 593; [2012] WLR (D) 138
“The court was able to take into account a wide range of considerations in order to ensure that the ex turpi causa defence only applied where it was a just and proportionate response to the illegality in question. Although a party claiming compensation on a cross-undertaking in damages for lost sales of products the manufacture of which infringed a foreign patent was relying on an unlawful act sufficiently causative of its claim to engage the defence in principle, the defence did not apply where the party had believed reasonably and in good faith that the patent was invalid, and the illegality was recognised by making a deduction in the assessment of damages for the amount which the foreign court would have awarded in patent infringement proceedings.”
WLR Daily, 3rd May 2012
Source: www.iclr.co.uk
“A mother who put her three-year-old daughter in a car booster seat has been found partly responsible for her crippling car crash injuries by the High Court because it was the wrong seat for her age.”
Daily Telegraph, 26th April 2012
Source: www.telegraph.co.uk
“A former Libyan dissident who was abducted and flown to one of Muammar Gaddafi’s prisons in a so-called rendition operation mounted with the help of MI6 has started legal proceedings against Jack Straw, who was British foreign secretary at the time.”
The Guardian, 18th April 2012
Source: www.guardian.co.uk
“Gordon Exall looks at the lessons that practitioners undertaking fatal accident cases can learn from the recent professional negligence case of Amin –v- Imran Khan.”
Full story (PDF)
Zenith Chambers, 3rd April 2012
Source: www.zenithchambers.co.uk
“On 19 October 2011 the Government’s published its proposals to extend closed procedures, as set out in its Justice and Security Green Paper (and covered by the post on this blog).”
UK Human Rights Blog, 11th April 2012
Source: www.ukhumanrightsblog.com
“Blunders by hospital staff which leave newborn babies brain-damaged in the first few days of their lives are set to cost the NHS more than £235m, official figures reveal.”
The Guardian, 9th April 2012
Source: www.guardian.co.uk
“A judge who stopped a case brought by two terror suspects in order to save money was in the wrong, the Appeal Court has ruled.”
Daily Telegraph, 4th April 2012
Source: www.telegraph.co.uk
“A racing circuit groundsman who was brain-damaged in a freak work accident has been awarded more than £2 million damages.”
The Independent, 2nd April 2012
Source: www.independent.co.uk
“Doctors’ failure to diagnose ovarian cancer in women, some of whom later died from the disease, is leading to damages payouts of as much as £550,000, research reveals.”
The Guardian, 3rd April 2012
Source: www.guardian.co.uk
“The Mental Capacity Act 2005 (MCA) was long awaited; it took nearly two decades for the Law Commission’s proposals for codification of the common law on mental capacity to make their way onto the statute books. The MCA is generally considered to be quite progressive and I often hear it described as ‘empowering’ and granting people ‘rights to autonomy’.”
UK Human Rights Blog, 28th March 2012
Source: www.ukhumanrightsblog.com
“A British Airways stewardess who has been unable to return to work since a metal canister fell on her head while on duty is to receive £280,000 damages.”
The Independent, 26th March 2012
Source: www.independent.co.uk
“A design company has been ordered to pay a Formula One (F1) team over £20,000 after it used computer-aided design (CAD) files belonging to the team to help form aerodynamic features for rival cars.”
OUT-LAW.com, 26th March 2012
Source: www.out-law.com
“The former New Zealand cricket captain Chris Cairns has been awarded £90,000 in damages after allegations on Twitter that he was involved in match-fixing.”
BBC News, 26th March 2012
Source: www.bbc.co.uk
“The Supreme Court handed down judgment in the Atomic Veterans Litigation (AVL) on 14 March 2012. The appeal is the first time the highest court has considered the law of limitation in group actions. The decision as to the correct approach to knowledge for the purpose of s.14(1) Limitation Act 1980 is relevant not only to personal injury claims but also to actions in respect of defective products (ss. 11A(4)(b) and 5(b)) and negligence actions not involving personal injury (s.14A). The decision is also relevant to the law of causation in tort and the extent to which claims may be proved by merely showing a material increase in the risk of harm.”
Full story (PDF)
4 New Square, 14th March 2012
Source: www.4newsquare.com
“A severely autistic epileptic teenager who was pulled out of a swimming pool and restrained after he jumped in fully clothed during a school trip has won £28,250 damages from the Metropolitan police.”
The Guardian, 14th March 2012
Source: www.guardian.co.uk
“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, 23rd February 2012
Source: www.byromstreet.com
“The father of Baby P has been awarded £75,000 in damages after the People falsely claimed he was a convicted sex offender.”
The Guardian, 5th March 2012
Source: www.guardian.co.uk
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