Churches, schools and charities braced for flood of claims after ruling on Lotto rapist, Iorworth Hoare – The Times

Posted January 31st, 2008 in damages, news, personal injuries, sexual offences, time limits by sally

“Thousands of victims of sexual abuse including a woman whose life was ruined by the so-called Lotto rapist are preparing to lodge compensation claims after a landmark ruling by Britain’s highest court yesterday.”

Full story

The Times, 31st Janaury 2008


A v Hoare X and Another v Wandsworth London Borough Council – Times Law Reports

Posted January 31st, 2008 in damages, law reports, personal injuries, sexual offences, time limits by sally

A v Hoare; X and Another v Wandsworth London Borough Council; C v Middlesborough Council; H v Suffolk County Counci; Young v Catholic Care (Diocese of Leeds) and Another

House of Lords

“A claim for damages for personal injuries caused by a sexual assault had a limitation period of three years from the date when the victim first considered the injury sufficiently serious to justify proceedings but judges could extend that period if thought equitable.”

The Times, 31st Janaury 2008


Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication. 

Leslie Ash wins ‘£500,000’ in hospital superbug settlement – The Times

Posted January 17th, 2008 in damages, duty of care, hospitals, news by sally

“The actress Leslie Ash is to receive more than £500,000 in compensation after she nearly died from a hospital superbug.”

Full story

The Times, 16th January 2008


You should have taken me into care, says man who sued social services – The Times

Posted December 14th, 2007 in child abuse, damages, news, social services by sally

“A man who says that social workers left him to suffer the most cruel abuse at the hands of his brutal parents won £25,000 damages yesterday in a case that broke new legal ground.”

Full story

The Times, 14th December 2007


Wrongly arrested brother of 9/11 suspect wins damages for wrong arrest – The Independent

Posted December 3rd, 2007 in damages, miscarriage of justice, news, wrongful arrest by sally

“The brother of a pilot wrongly accused of training the 11 September 2001 hijackers has succeeded in a High Court bid to win damages for wrongful arrest.”

Full story

The Independent, 1st December 2007


Police misconduct costs forces £44m – The Times

Posted December 3rd, 2007 in compensation, damages, news, police by sally

“Police forces have paid out more than £44 million in compensation and damages in the past five years, mostly to victims of alleged police misconduct, The Times has learnt.”

Full story

The Times, 3rd December 2007


£2.5m award over anorexia mistake – BBC News

Posted October 31st, 2007 in damages, doctors, negligence, news by sally

“A woman has been awarded £2.5m in damages after her brain tumour was misdiagnosed by doctors who thought she was anorexic.”

Full story

BBC News, 30th October 2007


Somerville and others v Scottish Ministers (HM Advocate General for Scotland intervening) – WLR Daily

Posted October 25th, 2007 in damages, human rights, law reports, Scotland, time limits by sally

Somerville and others v Scottish Ministers (HM Advocate General for Scotland intervening)

“The time-limit in s 7(5) of the Human Rights Act 1998 did not apply to a claim for damages based on breach of a Convention right by a member of the Scottish Executive where the act or failure to act relied on was outside devolved competence and thus ultra vires in terms of the Scotland Act 1998.”

WLR Daily, 17th October 2007


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

Bee v Jenson (No 2) – Times Law Reports

Posted October 17th, 2007 in damages, law reports, negligence by sally

Motorist can reclaim cost of hire car after accident

Bee v Jenson (No 2)

Court of Appeal

“A claimant whose car had been damaged by the defendant’s negligence could recover the reasonable cost of a replacement while his own car was being repaired even though the cost of that hire had been paid directly to the hire company by the claimant’s own insurers rather than by the claimant himself.”

The Times, 17th October 2007


Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

In re Leeds United Association Football Club Ltd – Times Law Reports

Posted September 4th, 2007 in contract of employment, damages, dismissal, insolvency, law reports by sally

No priority for liability to dismissal damages

In re Leeds United Association Football Club Ltd

“Where administrators adopted the contracts of employment of a company and the company subsequently become liable to pay damages for the wrongful termination of those contracts, the damages were not payable in priority to other expenses since that liability was not within the words ‘wages or salary’.”

The Times, 4th September 2007


Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Court Funds Office – Children’s Fund Accounts – Ministry of Justice

Posted July 12th, 2007 in children, damages, news by michael

“Administrative errors that led to damages awarded to children not being properly invested are being corrected Justice Minister Bridget Prentice told Parliament today.”

Press release

Ministry of Justice, 12th July 2007


Iraqi civilians bring abuse claims to the High Court – The Independent on Sunday

Posted June 11th, 2007 in damages, human rights, Iraq, news by sally

“Dozens of Iraqi civilians who claim to have been victims of abuse committed by British soldiers are set to bring a test case in London for punitive damages against the government. The legal action, which will begin later this month in the High Court in London, follows two courts martial in which soldiers were convicted of mistreating prisoners after the invasion.”

Full story

The Independent on Sunday, 10th June 2007


Family sues MoD over Iraq death – BBC News

Posted June 7th, 2007 in armed forces, damages, news by sally

“The family of an Iraqi man who was beaten to death while in British military custody are suing the Ministry of Defence.”

Full story

BBC News, 7th June 2007


Bereavement damages ‘too low’, study says – The Times

Posted May 30th, 2007 in damages, news by sally

“Court-awarded damages for people whose spouses die could be up to £300,000 too low, a report claimed today.”

Full story

The Times, 30th May 2007


Related link: Death and the Calculation of Hedonic Damages (PDF)

Online music retailer ordered to pay £35m damages – The Times

Posted May 29th, 2007 in copyright, damages, news, parallel imports by sally

“An internet retailer that broke a legally-binding promise not to sell imported CDs at almost half the price they sold for on the High Street has been ordered to pay the UK record industry £35 million, it emerged today.”

Full story

The Times, 29th May 2007


Copyright damages should not be punitive, says UK Government –

Posted May 14th, 2007 in copyright, damages, news by sally

“The Government has proposed a change to the damages available under the Copyright, Designs and Patents Act, ruling out the possibility of the award of punitive damages in civil cases of copyright infringement.”

Full story, 14th May 2007


Patent damages not refunded if EPO cancels patent –

Posted May 10th, 2007 in damages, news, patents by sally

“Damages for patent infringement awarded by a UK court must not be paid back even if the patent is later declared invalid by the European Patent Office (EPO), the Court of Appeal has ruled.”

Full story, 9th May 2007


The law on damages – Department for Constitutional Affairs

Posted May 8th, 2007 in consultations, damages by sally

“This paper sets out for consultation various issues relating to the law on damages contained in a series of reports published by the Law Commission: Claims for Wrongful Death; Liability for Psychiatric Illness; Damages for Personal Injury: Medical, Nursing and Other Expenses; Collateral Benefits; and Aggravated, Exemplary and Restitutionary Damages.”

The law on damages [CP 9/07], 4th May 2007


Firm wins compensation for executive time wasted in dispute –

Posted May 1st, 2007 in contracts, damages, news by sally

“A printing firm has successfully won compensation for the wasted time of a company executive in a construction dispute. Bridge Communications was awarded £4,800 for the time which a senior executive spent dealing with the dispute.”

Full story, 1st May 2007


Girl awarded £1.1 million against father – The Times

Posted April 28th, 2007 in damages, news, personal injuries by sally

“A girl was today awarded £1.1 million against her father after she suffered “catastrophic” injuries when she was thrown through the windscreen of a car driven by him.”

Full story

The Times, 27th April 2007