Case Comment: Morris-Garner v One Step (Support) Ltd [2018] UKSC 20 – UK Supreme Court Blog

Posted April 27th, 2018 in contracts, damages, economic loss, news, restrictive covenants by tracey

‘PAUL NICHOLLS QC, MATRIX Case Comments: It is often very difficult in cases involving breaches of restrictive covenants and misuse of confidential information to recover damages. It can be hard to prove loss. Employees may adduce evidence to show, for example, that customers would have ceased to deal with the claimant employer as a result of the mere fact of the employee’s departure such that the employee’s breach of a non-solicitation covenant has not caused loss. In cases about misuse of confidential information, the employee may be able to show that information wrongly removed could easily have been obtained from legitimate sources such that no loss flows from the misuse.’

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UK Supreme Court Blog, 24th April 2018

Source: ukscblog.com

Supreme Court limits ‘negotiating damages’ for restrictive covenant breaches – OUT-LAW.com

Posted April 23rd, 2018 in damages, economic loss, news, restrictive covenants, Supreme Court by tracey

‘Damages awarded to the owners of a care business for the breach by their former business partners of a non-compete clause and other restrictive covenants should be calculated based on their actual financial loss, rather than hypothetical “negotiating damages”, the UK’s highest court has ruled.’

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OUT-LAW.com, 20th April 2018

Source: www.out-law.com

Case Preview: James-Bowen & Ors v Commissioner of the Police for the Metropolis – UK Supreme Court Blog

‘Does a person who is sued in civil litigation for the alleged misconduct of her employees (or others for whom she is vicariously liable) owe a duty of care to avoid causing those employees or “quasi-employees” financial loss arising from the conduct of the person’s defence?.’

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UK Supreme Court Blog, 3rd April 2018

Source: ukscblog.com

Contributory negligence and construction contracts – Hardwicke Chambers

‘A plethora of issues were raised, and disposed of, by Fraser J’s recently handed-down judgment in Riva Properties and others v Foster + Partners Ltd, the most awkwardly entertaining one being the sense of pantomime arising from the court’s clear disapproval of the architect’s behaviour, which was described at various stages as “grubby”, “disingenuous” and “wholly unprofessional”.’

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Hardwicke Chambers, 10th November 2017

Source: www.hardwicke.co.uk

Graduate in £1m claim was badly let down by Oxford, court told – The Guardian

Posted November 22nd, 2017 in economic loss, legal profession, negligence, news, time limits, universities by sally

‘An Oxford graduate is suing the university for £1m on the grounds that his failure to get a top degree 17 years ago cost him the chance of a lucrative legal career.’

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The Guardian, 21st November 2017

Source: www.theguardian.com

Who Knows Where the Time Goes? The Recent Decision on Limitation and Contingent Loss in Osborne v. Follett Stock [2017] EWHC 1811 – 4 New Square

‘On Thursday 13 July 2017, following the trial of a preliminary issue of limitation, HH Judge Paul Matthews handed down judgment in Osborne v. (1) Follett Stock (a firm); (2) Follett Stock LLP.’

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4 New Square, 19th July 2017

Source: www.4newsquare.com

Oxford University to face £1m landmark trial brought by student who failed to get a first – The Independent

Posted January 23rd, 2017 in damages, economic loss, news, universities by sally

‘The University of Oxford is to face a landmark trial following a £1m compensation claim filed by a former student after he failed to graduate with a first-class degree.’

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The Independent, 23rd January 2017

Source: www.independent.co.uk

High Court compensates winning party for impact of falling exchange rate on costs – Litigation Futures

Posted January 23rd, 2017 in compensation, costs, economic loss, news by sally

‘The High Court has awarded a successful German claimant an extra £20,000 in costs to compensate for the impact of the falling value of sterling against the euro – especially since the EU referendum vote – as it had to convert euros into pounds during the case to pay its solicitors.’

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Litigation Futures, 19th January 2017

Source: www.litigationfutures.com

Compensation for health and safety breaches depends on actual harm, Court of Appeal confirms – OUT-LAW.com

‘Employees must be able to prove that they have suffered actual harm as a result of breaches of health and safety law by an employer in order to claim compensation, the Court of Appeal has confirmed.’

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OUT-LAW.com, 29th April 2016

Source: www.out-law.com

Court of Appeal slashes award in law firm sale dispute – Legal Futures

Posted January 29th, 2016 in appeals, contracts, damages, economic loss, law firms, misrepresentation, news by tracey

‘The Court of Appeal has reduced by almost two-thirds the balance awarded to the seller of a law firm by the High Court, after ruling that – among other things – the trial judge had been wrong not to award the buyer damages for misrepresentation of the firm’s finances.’

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Legal Futures, 29th January 2016

Source: wwww.legalfutures.co.uk

Appeal court: profits from sale of ship should be treated as mitigation of loss from breach of contract – OUT-LAW.com

Posted January 8th, 2016 in causation, charterparties, contracts, economic loss, news, shipping law by tracey

‘A High Court judge “overcomplicated matters” by attempting to develop a set of principles governing whether the innocent party to a breach of contract should have its award of damages reduced to reflect a benefit it obtained from that breach of contract, an expert has said.’

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OUT-LAW.com, 8th January 2016

Source: www.out-law.com

Claims against banks for negligent credit references? The possible impact of the Durkin decision – Hardwicke Chambers

Posted June 6th, 2014 in banking, consumer credit, economic loss, negligence, news by sally

‘Professionals in all walks of life are frequently asked to give references in respect of people or organisations. A negligently given reference may cause the recipient who relies on it or the person the subject of it to suffer pure economic loss in respect of which they will want to recover damages. In Durkin v DSG Retail Limited [2014] 1 W.L.R. 1148, the Supreme Court has, in a couple of short paragraphs, given a timely reminder of the pitfalls than may await anyone, in particular banks and other lenders, who gives a negligent reference.’

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Hardwicke Chambers, 21st May 2014

Source: www.hardwicke.co.uk

Coles and others v Hetherton and others – WLR Daily

Posted January 8th, 2014 in damages, economic loss, insurance, law reports, negligence, repairs, road traffic by sally

Coles and others v Hetherton and others [2013] EWCA Civ 1704; [2013] WLR (D) 508

‘Where a vehicle was damaged as a result of negligence and was reasonably repaired, the measure of the claimant’s loss was the diminution in value of the vehicle, usually taken as represented by the reasonable cost of repair. If the claimant’s insurer arranged repair, the reasonableness of the repair charge was to be judged by reference to what a person in the position of the claimant (rather than the insurer) could obtain on the open market and the insurer’s repair costs were recoverable from the tortfeasor up to that amount, together with the reasonable cost of a courtesy car.’

WLR Daily, 20th December 2013

Source: www.iclr.co.uk

Cotter (Respondent) v Commissioners for Her Majesty’s Revenue & Customs (Appellant) – Supreme Court

Cotter (Respondent) v Commissioners for Her Majesty’s Revenue & Customs (Appellant) [2013] UKSC 69 | UKSC 2012/0062 (YouTube)

Supreme Court, 6th November 2013

Source: www.youtube.com/user/UKSupremeCourt

Supreme Court finds HMRC entitled to tax under dispute where taxpayer left it to HMRC to calculate the tax – OUT-LAW.com

Posted November 11th, 2013 in appeals, economic loss, HM Revenue & Customs, news, Supreme Court, tax avoidance, taxation by michael

“A taxpayer must perform a calculation of the amount of tax due itself, rather than leave that calculation to HM Revenue and Customs (HMRC), in order to retain possession of funds under dispute, the Supreme Court has ruled.”

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OUT-LAW.com, 8th November 2013

Source: www.out-law.com

Defamation bill faces fresh attack from Conservatives – The Guardian

Posted April 12th, 2013 in bills, defamation, economic loss, freedom of expression, news by sally

“The defamation bill, which was last month threatened with obliteration after a political row over Leveson press reforms, is once again under attack, but this time by the Tories who want to get rid of two key sections.”

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The Guardian, 11th April 2013

Source: www.guardian.co.uk

When human rights hit the private law of damages for death – UK Human Rights Blog

Posted July 25th, 2012 in accidents, compensation, damages, economic loss, families, human rights, news by tracey

“Swift v. Secretary of State for Justice [2012] EWHC 2000 (QB) Eady J, read judgment. This decision involves the intersection of Articles 8 (family) and 14 (discrimination) of the ECHR with the law governing who can recover damages for the death of a relative. This law is the Fatal Accidents Act 1976 (for the text see [10] of the judgment – embarrassingly, the one freely available on the internet is out of date). One does not to think for very long before realising that the FAA is underpinned by an idea that one ought to respect the rights of the family, and to pay the family when one has negligently caused the death of a family member. But like all such laws, there is the problem of where to stop – where does the family stop for these purposes?”

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UK Human Rights Blog, 24th July 2012

Source: www.ukhumanrightsblog.com

Dismissed News of the World journalists may have grounds to sue – The Guardian

Posted July 11th, 2011 in contract of employment, damages, economic loss, interception, media, news by sally

“Journalists dismissed by the News of the World who are unable to find new jobs and fear their professional reputations have been damaged by the phone hacking scandal could have legal grounds for suing News International, according to employment specialists.”

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The Guardian, 10th July 2011

Source: www.guardian.co.uk

Robinson v PE Jones (Contractors) Ltd – WLR Daily

Robinson v PE Jones (Contractors) Ltd [2011] EWCA Civ 9; [2011] WLR (D) 4

“The builder/vendor of a building did not by reason of his contract to construct or to complete the building assume any liability in the tort of negligence in relation to defects in the building giving rise to purely economic loss.”

WLR Daily, 19th Janaury 2011

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.

Shell UK Ltd v Total UK Ltd; Total UK Ltd v Chevron Ltd – WLR Daily

Posted March 10th, 2010 in appeals, duty of care, economic loss, law reports, negligence by sally

Shell UK Ltd v Total UK Ltd; Total UK Ltd v Chevron Ltd [2010] EWCA Civ 180; [2010] WLR (D) 67

“A defendant who could reasonably foresee that his negligent actions would damage property owed a duty of care to a beneficial owner of that property. If the defendant damaged the property, he would be liable not merely for the physical loss of that property but also for the foreseeable consequences of that loss, such as the extra expenditure to which the beneficial owner was put or the loss of profit which he incurred. Provided that the beneficial owner could join the legal owner in the proceedings, it did not matter that the beneficial owner was not himself in possession of the property.”

WLR Daily, 8th 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.