‘Awards and settlements in commercial disputes can be taxable in the claimant’s hands. The tax treatment of damages should be considered at an early stage as this may need to be factored into the amount claimed. Tax also needs to be considered in settlement negotiations to ensure the offer is enough.’
OUT-LAW.com, 11th October 2022
Source: www.pinsentmasons.com
‘A former academic at University College London must pay almost £50,000 in damages to a former colleague after falsely portraying her as a sex worker on social media as part of a months-long campaign of harassment.’
The Guardian,12th October 2022
Source: www.theguardian.com
‘Recent case law has shown how careful parties need to be when drafting a liquidated damages (LDs) regime. The case of Buckingham Group Contracting Ltd v Peel L&P Investments and Property Ltd provides yet another example of what can happen if there is any ambiguity in the drafting.’
Practical Law: Construction Blog, 5th October 2022
‘A council has won an appeal in the High Court in a psychiatric injury claim brought by a taxi driver. David Green explains why.’
Local Government Lawyer, 7th October 2022
Source: www.localgovernmentlawyer.co.uk
‘An error in the award of an NHS orthodontic contract was not serious enough to entitle the loser to Francovich damages, the High Court has found.’
Local Government Lawyer, 22nd September 2022
Source: www.localgovernmentlawyer.co.uk
‘Ray v Windrush Riverside Properties Ltd (2022) EWHC 2210 (TCC). An interesting trial judgment on a private nuisance claim that highlights the importance of the nature of the location and has a discussion of damages for non-resident claimants.’
Nearly Legal, 19th September 2022
Source: nearlylegal.co.uk
‘A former client who threatened his solicitors with legal action over deductions from his damages has been told he cannot pursue the case.’
Law Society's Gazette, 14th September 2022
Source: www.lawgazette.co.uk
‘Sony has been overcharging PlayStation gamers for six years, a new legal claim alleges, and could be forced to pay almost £5bn in damages if the claim succeeds.’
The Guardian, 22nd August 2022
Source: www.theguardian.com
‘There is a paucity of reported decisions addressing the question of what the applicable standard of care is in cases involving negligent medical treatment carried out outside of the UK. There is considerable authority on the applicable standard of care in cases involving accidents occurring during package holidays to foreign destinations. It is a firmly established principle that the court must consider in the first instance, the local prevailing standards (in the place where the accident occurred) in determining whether there has been a breach of duty. Whilst compliance with local standards is not necessarily determinative (such as in cases where for no justifiable reason, those standards fall so far below internationally accepted or English standards that the court must look to other evidence to determine the appropriate standard); prevailing local standards is a very important signpost (for further discussion see the author’s review of the judgment in TUI v Morgan [2021] PIQR P12. Is the same approach taken by the court in cases involving negligent medical treatment performed abroad? This was an issue that was considered by Foster J in the case of Clarke v Kalecinski [2022] EWHC 488 (QB).
Ropewalk Clinical Negligence Blog, 18th August 2022
Source: www.ropewalk.co.uk
‘On Friday 22 July 2022, Johnson J handed down judgment in Power v Bernard Hastie & Company Ltd & others [2022] EWHC 1927 (QB) in respect of an application for an order for substitution made by the executor of the deceased’s estate. The judgment provides High Court authority for the proposition that a claimant’s right to seek further damages under a PDO passes, on their death, to their estate, a finding previously made by HHJ Roberts in his judgment in Guilfoyle v North Middlesex University Hospitals NHS Trust (County Court at Central London, 4 April 2018).’
Ropewalk Chambers, 1st August 2022
Source: www.ropewalk.co.uk
‘Both s. 13 of the Data Protection Act 1998 (“DPA 98”) and Art. 82 of the General Data Protection Regulation (“GDPR”) provide an individual with a right to compensation where she suffers material or non-material damage (including distress) – see Google Inc v Vidal-Hall [2015] EWCA Civ 311 and s. 168 of the Data Protection Act 2018 (“DPA 18”) as a result of infringements of the data protection principles contained in the respective legislative schemes. The DPA 98 applies to data breaches occurring before 23 May 2018 whilst the GDPR, as supplemented by DPA 18, applies to breaches occurring on or after that date. After the end of the post-Brexit implementation period on 31 January 2020 the UK GDPR applies.’
Ropewalk Chambers, 26th July 2022
Source: www.ropewalk.co.uk
‘Lawyers leading a claim against a gender identity clinic said there could be as many as 1,000 clients who join the action.’
Law Society's Gazette, 12th August 2022
Source: www.lawgazette.co.uk
‘Doctors’ representatives in clinical negligence cases have claimed that average costs far outstrip the compensation secured for cases worth less than £25,000.’
Law Society's Gazette, 5th August 2022
Source: www.lawgazette.co.uk
‘For years Craig Wright has claimed that he is the mythical figure who created bitcoin. But a legal bid by the Australian computer scientist to defend his assertion that he is Satoshi Nakamoto resulted in a pyrrhic victory and a tarnished reputation on Monday.’
The Guardian, 1st August 2022
Source: www.theguardian.com
‘Lawyers must take note of a court’s refusal to allow multiple claimants with widely differing claims to use a single claim form, a legal expert has warned.’
OUT-LAW.com, 27th July 2022
Source: www.pinsentmasons.com
‘A new law is now in place that will enable organisations impacted by industrial action to plug staffing gaps with agency workers, the Government has said.’
Local Government Lawyer, 25th July 2022
Source: www.localgovernmentlawyer.co.uk
‘In principle, a claim can be made against one responsible party for all losses suffered, even when other parties were involved (e.g. a claim against solicitors when a barrister may have also provided advice) but what if a claim is made against you and you aren’t the only one to blame?’
Mills & Reeve, 26th July 2022
Source: www.mills-reeve.com
‘A legal case involving a group of rugby players diagnosed with early-onset dementia and other irreversible neurological impairments now looks destined for the courts. Proceedings are to be issued by Rylands Law on behalf of a group of professional and semi-professional players against World Rugby, the Rugby Football Union and the Welsh Rugby Union.’
The Guardian, 25th July 2022
Source: www.theguardian.com
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