Windrush: Home Office has compensated just 5% of victims in four years – The Guardian

‘Just 5% of Windrush victims have received compensation four years after the scandal emerged, according to a damning report by cross-party MPs which called for the scheme to be taken out of Home Office control.’

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The Guardian, 24th November 2021

Source: www.theguardian.com

London borough to pay £8k+ after family remained in unsuitable accommodation for 23 months – Local Government Lawyer

‘The London Borough of Newham is to pay more than £8,000 to a mother of four after failing to move her and her family from “overcrowded and hazardous” accommodation for almost two years, following an investigation by the Local Government and Social Care Ombudsman.’

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Local Government Lawyer, 23rd November 2021

Source: www.localgovernmentlawyer.co.uk

Law firm ordered to pay £1,000 for employee’s “racist” comment – Legal Futures

‘A law firm employee has been awarded damages of £1,000 after a colleague targeted him with a discriminatory comment based on his Pakistani heritage.

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Legal Futures, 22nd November 2021

Source: www.legalfutures.co.uk

Banks forced to refund fraud victims – Daily Telegraph

Posted November 19th, 2021 in banking, compensation, consumer protection, financial regulation, fraud, news by tracey

‘Banks will be forced to refund fraud victims who transfer money to scammers under Government-backed plans to make repayments compulsory.’

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Daily Telegraph, 19th November 2021

Source: www.telegraph.co.uk

Drunkenness no basis for avoiding contributory negligence, Court of Appeal rules – Law Society’s Gazette

‘The drunkenness of a passenger seeking damages for injuries sustained in a car crash ‘will not avoid a finding of contributory negligence’ where the claimant should have appreciated that the driver was too drunk to drive safely, the Court of Appeal has ruled.’

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Law Society's Gazette, 16th November 2021

Source: www.lawgazette.co.uk

“Abusive” to bring minor data breach claim in High Court – Legal Futures

‘A master has labelled as “a form of procedural abuse” a bid to bring a data breach claim in the High Court where the “very modest” damages would be dwarfed by costs of £50,000.’

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Legal Futures, 17th November 2021

Source: www.legalfutures.co.uk

QC criticises NHS Resolution for “unacceptable” delay in settling huge claim – Legal Futures

Posted November 17th, 2021 in barristers, compensation, damages, delay, hospitals, negligence, news, personal injuries by sally

‘A leading QC has criticised NHS Resolution for “unacceptable” delays in settling one of the largest ever settlements in a clinical negligence case.’

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Legal Futures, 16th November 2021

Source: www.legalfutures.co.uk

News focus: Where next for mass claims? – Law Society’s Gazette

‘The Supreme Court’s ruling in Lloyd, blocking a multi-billion-pound claim against Google, exposes the lack of legislation providing redress in mass claims. But CPR 19.6 could offer a way forward.’

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Law Society's Gazette, 15th November 2021

Source: www.lawgazette.co.uk

Windrush compensation scheme has ‘concerning weaknesses’, says charity – The Guardian

‘There are “concerning weaknesses” in the Windrush compensation scheme, according to a legal charity that has called for the programme to be taken out of the Home Office.’

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The Guardian, 15th November 2021

Source: www.theguardian.com

Castello v Gonschior: The Importance of Choosing the Right Discipline of Expert in Clinical Negligence Claims and the Limitations of Res Ipsa Loquitur – Ropewalk Clinical Negligence Blog

‘In Castello v Gonschior [2021] EWHC 2742 (QB), Lambert J provides an important reminder of the importance of choosing the right experts and an example of the relevance, or lack of relevance, of complaints by other patients, and the evidential principles of “res ipsa loquitur” and Keefe v The Isle of Man Steam Packet Co Ltd [2010] EWCA Civ 683 (“Keefe”) in clinical negligence claims.’

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Ropewalk Clinical Negligence Blog, 11th November 2021

Source: www.ropewalk.co.uk

Alder Hey NHS Trust must pay boy £27m over brain injuries – BBC News

Posted November 12th, 2021 in children, compensation, damages, families, hospitals, negligence, news, personal injuries by tracey

‘A boy who suffered “catastrophic brain injuries” when doctors failed to see he had a virus and sent him home after he had a seizure has been awarded £27m.’

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BBC News, 11th November 2021

Source: www.bbc.co.uk

Top UK court blocks legal action against Google over internet tracking – The Guardian

‘A £3bn legal action against Google over claims it secretly tracked the internet activity of millions of iPhone users has been blocked by the UK supreme court.’

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The Guardian, 10th November 2021

Source: www.theguardian.com

Solicitor sacked over order to move offices wins tribunal claim – Legal Futures

‘A solicitor has won her claim for wrongful dismissal after being sacked by a law firm for pushing back against a direction to relocate with immediate effect to another office.’

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Legal Futures, 9th November 2021

Source: www.legalfutures.co.uk

Wrongly convicted post office workers need compensation now, inquiry told – The Guardian

‘The independent inquiry into how hundreds of post office workers were wrongfully accused of theft, fraud and false accounting as a result of computer errors has been urged to demand immediate compensation for those affected.’

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The Guardian, 8th November 2021

Source: www.theguardian.com

MoD has settled 417 Iraq war compensation claims this year – The Guardian

‘The Ministry of Defence has quietly settled 417 Iraq compensation claims and paid out several million pounds to resolve accusations that British troops subjected Iraqis to cruel and inhumane treatment, arbitrary detention or assault.’

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The Guardian, 6th November 2021

Source: www.theguardian.com

Capita pays compensation to family of woman who died after benefits cut – The Guardian

‘A government contractor has paid out “substantial” compensation following the death of a young mother who took an overdose after her disability benefits were removed.’

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The Guardian, 3rd November 2021

Source: www.theguardian.com

Does Qualified One-way Costs Shifting (“QOCS”) constrain a defendant’s liberty to seek, or the court’s discretionary power to permit, a set-off between opposing costs orders? – Lamb Chambers

‘QOCS applies to most personal injury (“PI”) claims. It usually limits the ability of a successful defendant to recover its costs against an unsuccessful claimant.’

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Lamb Chambers, October 2021

Source: www.lambchambers.co.uk

Man who used commemorative coin to pay for petrol wins payout – The Independent

Posted October 28th, 2021 in coinage, compensation, damages, debts, news by sally

‘A commemorative coin collector who was arrested after attempting to pay for his fuel at a petrol station with a £100 coin, insisting it was legal tender, has been awarded a £5,000 compensation payout.’

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The Independent, 27th October 2021

Source: www.independent.co.uk

Qualified one-way costs shifting – Law Society’s Gazette

‘In Ho v Adelekun [2021] UKSC 43, the Supreme Court considered the mechanics of qualified one-way costs shifting (QOCS). The claimant was injured in a road traffic accident in 2012. In 2017, she was offered £30,000 by the defendant in settlement of her claim in what was described as a “Part 36 offer letter”. In that letter, the defendant offered to pay the claimant’s costs “in accordance with Part 36 rule 13”, such costs to be subject to detailed assessment if not agreed, if the offer was accepted within 21 days. The claimant decided to accept the offer and a Tomlin order was subsequently made by consent. However, the defendant then argued that the claimant’s costs were limited to the fixed costs recoverable in accordance with the terms of Part 45 Section IIIA of the Civil Procedure Rules.’

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Law Society's Gazette, 25th October 2021

Source: www.lawgazette.co.uk

New Acts – legislation.gov.uk

Posted October 26th, 2021 in compensation, fraud, health, legislation, national insurance by tracey

2021 c. 29 – Compensation (London Capital & Finance plc and Fraud Compensation Fund) Act 2021

2021 c. 28 – Health and Social Care Levy Act 2021

Source: www.legislation.gov.uk