“Solicitors dubbed the government’s response to the Law on Damages consultation an anti-climax this week, two years after its original deadline.”
Law Society’s Gazette, 16th July 2009
Source: www.lawgazette.co.uk
“A woman has been awarded £60,000 in damages for the abuse she suffered at the hands of her mother after a London council failed to take her into care.”
BBC News, 16th July 2009
Source: www.bbc.co.uk
“The BBC has agreed to pay £45,000 in damages to the head of the Muslim Council of Britain over a libellous claim in the Question Time programme.”
BBC News, 16th July 2009
Source: www.bbc.co.uk
“Law on damages – consultation response.”
Ministry of Justice, 1st July 2009
Source: www.justice.gov.uk
“This consultation paper seeks views on the proposals to regulate damages based agreements, a type of no win no fee, which is commonly used in Employment Tribunals in England and Wales.”
Ministry of Justice, 1st July 2009
Source: www.justice.gov.uk
“The jurisdiction of the Competition Appeal Tribunal under s 47A of the Competition Act 1998 was limited to the determination of follow-on claims for damages based on a finding by a regulator of infringement of a relevant prohibition. Such a finding was not only a pre-condition to the making of a s 47A(1) claim, it also determined and defined the claim’s limits and the tribunal’s jurisdiction in respect of it. The Court of Appeal had jurisdiction under s 49 of the 1998 Act to hear an appeal against a strike-out decision of the tribunal under r 40 of the Competition Appeal Tribunal Rules 2003, whether that decision was to strike out or not to strike out a claim.”
WLR Daily, 2nd July 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.
“A man who suffered serious brain damage when he fell into a skip is set to receive over £1 million damages.”
The Independent, 30th June 2009
Source: www.independent.co.uk
“A teacher who was raped by a pupil will receive an undisclosed payment from her London school in compensation for the ‘truly horrifying’ attack.”
BBC News, 22nd June 2009
Source: www.bbc.co.uk
Copley v Lawn; Maden v Haller [2009] EWCA Civ 580; [2009] WLR (D) 200
“Where, following a road accident caused by a defendant’s negligence, the defendant’s insurers offered to provide a ‘free’ replacement car to the claimant while his own car was being repaired, the claimant could reasonably reject or ignore the offer if it did not make clear the cost of hire to the defendant for the purpose of enabling the claimant to make a realistic comparison with the cost to him of making his own hire car arrangements. If a claimant did unreasonably reject or ignore the offer, he did not forfeit his damages claim altogether but was entitled to recover at least the cost which the defendant could show he would reasonably have incurred. The general rule that the claimant could recover the market rate of hire for his loss of use prevailed, unless, and to the extent that, the defendant could show that, on the facts of a particular case, a car could have been provided more cheaply than at the market rate.”
WLR Daily, 19th June 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.
“A single mother has been ordered to pay nearly £1.2 million in damages for illegally downloading 24 songs over the internet.”
Daily Telegraph, 19th June 2009
Source: www.telegraph.co.uk
Gray v Thames Trains Ltd [2009] UKHL 33; [2009] WLR (D) 195
“A person who, as a result of a railway accident, suffered post-traumatic stress disorder which led him to kill someone, could not, as part of his claim for damages in negligence against the train operators responsible for the accident, recover damages for loss of earnings following his detention after the killing in prison, and subsequently in hospital under ss 37 and 41 of the Mental Health Act 1983.”
WLR Daily, 18th June 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.
Gray v Thames Trains Ltd and Another
House of Lords
“A claimant who, as a result of a railway accident caused by the defendants’ negligence, suffered post-traumatic stress disorder which led him to kill someone, could not recover damages for loss of earnings following his detention, in prison and in mental hospital, after the killing.”
The Times, 19th June 2009
Source: www.timesonline.co.uk
“The Ministry of Defence faces paying out millions of pounds in damages to soldiers injured by the cold.”
BBC News, 16th June 2009
Source: www.bbc.co.uk
“A landmark legal victory for relatives of victims of the Omagh bombing could open the way for those bereaved in London’s 7/7 attacks to sue the perpetrators for damages, it was claimed yesterday.”
Full story
The Independent, 9th June 2009
Source: www.independent.co.uk
“The Ministry of Justice has announced plans to clamp down on ‘no-win no-fee’ lawyers who are exploiting vulnerable clients by taking a large proportion of the damages they are awarded as payment for excessive legal fees.”
Ministry of Justice, 19th May 2009
Source: www.justice.gov.uk
“Victims of a taxi driver who sexually assaulted five female passengers in London and raped one are preparing a legal claim for damages against him.”
BBC News, 19th May 2009
Source: www.bb.co.uk
Dobson and Others v Thames Water Utilities Ltd
Court of Appeal
“Where a court was considering an award of damages to an occupier of land for loss of amenity following transitory nuisance, the actual impact on the occupier would be relevant.”
The Times, 3rd April 2009
Source: www.timesonline.co.uk
“A mechanic who injured his index and middle fingers while repairing a police car, yesterday won £400,000 in damages from the Metropolitan police.”
The Guardian, 1st April 2009
Source: www.guardian.co.uk
Peters v East Midlands Strategic Health Authority and Another
Court of Appeal
“Damages awarded to a claimant severely disabled as a result of the defendants’ negligence were to be disregarded for the purpose of the charging provisions for the local authority providing her with statutory accommodation and care.”
The Times, 16th March 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“A severely disabled claimant was entitled as of right to damages from the tortfeasor in preference to dependence on the statutory obligations of the local authority to provide accommodation and care for her. For the purposes of disregarding damages for personal injuries from charging provisions in respect of accommodation and care provided by local authorities, all the heads of damage were to be disregarded, not only those for pain, suffering and loss of amenity.”
WLR Daily, 4th March 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.
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