“Two young women have won a key ruling in their legal battle to secure compensation from the man who sexually abused them when they were children. The case is the first to benefit from last week’s landmark House of Lords ruling against the man known as the ‘Lotto Rapist’.”
The Independent, 5th February 2008
Source: www.independent.co.uk
“A claim for damages for personal injuries caused by a sexual assault fell within s 11 of the Limitation Act 1980, allowing a limitation period of three years from the date when the claimant first considered the injury sufficiently serious to justify proceedings and the possibility of an extension beyond that if it was equitable to do so.”
WLR Daily, 31st January 2008
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.
Court of Appeal
The fact that a successful claimant had not been awarded the whole amount of damages he sought did not mean that the defendant had partially succeeded and the judge could not reduce the claimant’s costs.
The Times, 1st February 2008
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.
“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.”
The Times, 31st Janaury 2008
Source: www.timesonline.co.uk
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
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.
“The actress Leslie Ash is to receive more than £500,000 in compensation after she nearly died from a hospital superbug.”
The Times, 16th January 2008
Source: www.timesonline.co.uk
“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.”
The Times, 14th December 2007
Source: www.timesonline.co.uk
“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.”
The Independent, 1st December 2007
Source: www.independent.co.uk
“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.”
The Times, 3rd December 2007
Source: www.timesonline.co.uk
“A woman has been awarded £2.5m in damages after her brain tumour was misdiagnosed by doctors who thought she was anorexic.”
BBC News, 30th October 2007
Source: www.bbc.co.uk
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
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.
Motorist can reclaim cost of hire car after accident
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
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.
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
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.
“Administrative errors that led to damages awarded to children not being properly invested are being corrected Justice Minister Bridget Prentice told Parliament today.”
Ministry of Justice, 12th July 2007
Source: www.justice.gov.uk
“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.”
The Independent on Sunday, 10th June 2007
Source: www.independent.co.uk
“The family of an Iraqi man who was beaten to death while in British military custody are suing the Ministry of Defence.”
BBC News, 7th June 2007
Source: www.bbc.co.uk
“Court-awarded damages for people whose spouses die could be up to £300,000 too low, a report claimed today.”
The Times, 30th May 2007
Source: www.timesonline.co.uk
Related link: Death and the Calculation of Hedonic Damages (PDF)
“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.”
The Times, 29th May 2007
Source: www.timesonline.co.uk
“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.”
OUT-LAW.com, 14th May 2007
Source: www.out-law.com
“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.”
OUT-LAW.com, 9th May 2007
Source: www.out-law.com
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