Category: damages

Muuse v Secretary of State for the Home Department – WLR Daily

Posted April 30th, 2010 in appeals, damages, detention, law reports, misfeasance in public office by sally

Muuse v Secretary of State for the Home Department; [2010] EWCA Civ 453;; [2010] WLR (D) 108

“When considering an award of exemplary damages in respect of the oppressive, arbitrary or unconstitutional conduct of government officials where the conduct complained of was considered by the court to be outrageous, it was not necessary to show further that the outrageous conduct disclosed malice, fraud, insolence, cruelty or the like.”

WLR Daily, 28th April 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Hello! pays Jude Law privacy damages – The Guardian

Posted April 8th, 2010 in damages, media, news, privacy by sally

“Jude Law has settled a breach of privacy action with Hello! magazine, with the magazine agreeing to pay £9,500 in damages and undertaking not to publish any pictures of the Alfie star with his children until they are 18.”

Full story

The Guardian, 8th April 2010

Source: www.guardian.co.uk

Damages award for rights breach drug dealer – The Independent

Posted April 6th, 2010 in bail, damages, drug offences, news by sally

“A convicted drug dealer was awarded £880 compensation by a European court which ruled her human rights were breached by a British judge.”

Full story

The Independent, 2nd April 2010

Source: www.independent.co.uk

VC firm accused of stealing business plan must pay damages, not profits – OUT-LAW.com

Posted March 31st, 2010 in confidentiality, contracts, damages, news by sally

“A venture capital company that breached the confidentiality of businessmen who came to it with a proposition should only have to pay damages as compensation and not a share of their profits from the deal, the High Court has ruled.”

Full story

OUT-LAW.com, 29th March 2010

Source: www.out-law.com

New Employment Tribunal Fast Track scheme – Ministry of Justice

Posted March 26th, 2010 in damages, employment tribunals, Ministry of Justice, press releases by sally

“Workers awarded payouts from their former employers at Employment Tribunals will be given extra help to ensure they receive their payments. Justice Minister Bridget Prentice today confirmed the creation of a new Employment Tribunal Fast Track scheme, which will simplify the process for successful tribunal applicants.”

Full press release

Ministry of Justice, 25th March 2010

Source: www.justice.gov.uk

English law on late payment of insurance claims is unfair, say Law Commissions – OUT-LAW.com

Posted March 26th, 2010 in damages, insurance, Law Commission, news by sally

“Insurers who delay paying valid claims should be liable to policyholders for any foreseeable losses they cause, a new Law Commission paper suggested this week.”

Full story

OUT-LAW.com, 25th March 2010

Source: www.out-law.com

Roman Abramovich wins libel case over gambling claims – Daily Telegraph

Posted March 18th, 2010 in damages, defamation, media, news by sally

“Chelsea FC owner Roman Abramovich has accepted a public apology and substantial libel damages at the High Court over false newspaper allegations that he had a serious gambling problem.”

Full story

Daily Telegraph, 18th March 2010

Source: www.telegraph.co.uk

Vercoe and others v Rutland Fund Management Ltd and others – WLR Daily

Posted March 11th, 2010 in confidentiality, damages, law reports by sally

Vercoe and others v Rutland Fund Management Ltd and others [2010] EWHC 424 (Ch); [2010] WLR (D) 68

“Where a claim was based on breach of obligations of confidentiality, the claimant did not have a complete discretion to choose between claiming an award of damages assessed by reference to the notional reasonable price which the defendant should have paid to buy release from the rights in respect of the relevant confidential information and claiming an account of profits.”

WLR Daily, 9th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Contractual interest on damages does contribute to capped sum, rules High Court – OUT-LAW.com

Posted March 4th, 2010 in contracts, damages, insurance, interest, news by sally

“A contract’s liability cap applies to interest on payments that is part of that contractual agreement but does not apply to statutory interest applied by a court, the High Court has said.”

Full story

OUT-LAW.com, 4th March 2010

Source: www.out-law.com

APIL attacks government over eligibility for bereavement damages – Law Society’s Gazette

Posted February 16th, 2010 in bereavement, damages, Law Commission, news by sally

“The Association of Personal Injury Lawyers (APIL) has criticised the government for ignoring Law Commission recommendations to increase general damages in personal injury cases.”

Full story

Law Society’s Gazette, 15th February 2010

Source: www.lawgazette.co.uk

Widow wins damages from negligent Essex hospital – BBC News

Posted February 15th, 2010 in damages, hospitals, negligence, news by sally

“The widow of a solicitor who died while being treated for respiratory failure in hospital has been awarded an undisclosed six-figure sum in damages.”

Full story

BBC News, 15th February 2010

Source: www.bbc.co.uk

Ex Cookham Wood inmate wins cancer damages case – BBC News

Posted February 12th, 2010 in cancer, damages, negligence, news, prisons by sally

“A woman who developed breast cancer while in prison has won a High Court negligence claim after medical staff failed to diagnose the disease.”

Full story

BBC News, 12th February 2010

Source: www.bbc.co.uk

R (Degainis) v Secretary of State for Justice – WLR Daily

Posted February 8th, 2010 in damages, detention, law reports by sally

R (Degainis) v Secretary of State for Justice [2010] EWHC 137 (Admin); [2010] WLR (D) 24

 “When deciding whether to make an award of damages, under art 5(5) of the Convention for the Protection of Human Rights and Fundamental Freedoms, for a breach of art 5(4) of the Convention it was necessary to have regard to the provisions of s 8 of the Human Rights Act 1998 and the restrictions placed on such awards. There was no inconsistency between the terms of s 8 of the 1998 Act and the terms of art 5(5) and no basis for the assumption that compensation in art 5(5) was restricted in its meaning to money, and in some cases the finding of a violation would provide sufficient compensation for a breach of art 5(4).”

WLR Daily, 4th February 2010

Source: www.lawreports.co.uk 

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

HP ordered to pay £200m within two weeks in interim damages ruling – OUT-LAW.com

Posted February 8th, 2010 in contracts, damages, news, tenders by sally

“The High Court has ordered Hewlett-Packard to pay BSkyB £200 million in interim damages, according to press reports. The interim award follows a ruling last week over a contract tendering process.”

Full story

OUT-LAW.com, 3rd February 2010

Source: www.out-law.com

£415,000 damages over egg allergy death – The Independent

Posted January 20th, 2010 in allergies, damages, food, negligence, news, Sikhism by sally

“A caterer who supplied a dessert containing eggs at a Sikh wedding must pay £415,000 damages to the widow of a man who died from an allergic reaction, the Court of Appeal ruled today.”

Full story

The Independent, 20th January 2010

Source: www.independent.co.uk

Former control order suspects to sue British government – BBC News

Posted January 18th, 2010 in control orders, damages, news by sally

“The High Court has ruled that two former terrorism suspects can sue the government for damages.”

Full story

BBC News, 18th January 2010

Source: www.bbc.co.uk

Peer drops damages-quantification amendment to digital bill – OUT-LAW.com

Posted January 15th, 2010 in bills, copyright, damages, internet, news by sally

“A Conservative peer who had proposed forcing copyright holders to detail the exact damage they suffered when trying to force alleged infringers off the internet will drop the plan. Lord Lucas told OUT-LAW Radio that he would ‘not pursue’ the proposal.”

Full story

OUT-LAW.com, 15th January 2010

Source: www.out-law.com

Peaches Geldof wins damages over prostitute claims – BBC News

Posted January 12th, 2010 in damages, defamation, media, news by sally

“Peaches Geldof, daughter of Bob Geldof, has accepted substantial, undisclosed libel damages over a newspaper claim that she had worked as a prostitute.”

Full story

BBC News, 12th January 2010

Source: www.bbc.co.uk

Lucasfilm Ltd and others v Ainsworth and another – WLR Daily

Posted December 17th, 2009 in copyright, damages, enforcement, law reports by sally

Lucasfilm Ltd and others v Ainsworth and another [2009] EWCA Civ 1328; [2009] WLR (D) 367

“A maker of plastic ‘Star Wars’ helmets was not producing a work of sculpture for the purposes of s 4 of the Copyright Design and Patents Act 1986 and was entitled to a defence under s 51 permitting production of a three-dimensional object in accordance with a design which was itself copyright. A claim against the helmet-maker for breach of United States copyrights was not justiciable in England because the infringement was essentially a local matter involving local policies and local public interest and was a matter for local judges. There was no international jurisdiction over copyright infringement claims and if one were to be created it should be done by international treaty rather than by the courts themselves.”

WLR Daily, 16th December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Star Wars propmaker wins battle against George Lucas – Daily Telegraph

Posted December 17th, 2009 in copyright, damages, enforcement, news by sally

“A propmaker has won a multi-million pound Appeal Court battle with the makers of Star Wars over the rights to manufacture Stormtrooper helmets.”

Full story

Daily Telegraph, 17th December 2009

Source: www.telegraph.co.uk