compensation – Page 6 – Current Awareness

Miscellaneous – legal costs under leases, Tribunal appointed managers and the BSA, and estopping a van Hoogstraten – Nearly Legal

Posted August 1st, 2024 in appeals, compensation, costs, housing, landlord & tenant, leases, news, service charges, solicitors, tribunals by sally

‘Thanet Lodge (Mapesbury Road) & Anor v Mirchandani (LANDLORD AND TENANT – SERVICE CHARGES – recovery of legal and mediation expenses as service charges) (2024) UKUT 205 (LC). This was an appeal on a leaseholder’s challenge to the payability of legal costs that the RTM company had sought to put through the service charge.’

Nearly Legal, 28th July 2024

Source: nearlylegal.co.uk

UK Supreme Court rewrites the rules on retained EU case law – OUT-LAW.com

Posted July 30th, 2024 in airlines, appeals, brexit, compensation, EC law, news, statutory interpretation, Supreme Court by sally

‘In an important recent judgment, the UK Supreme Court has rewritten the post-Brexit rules on application of EU case law in the UK courts, so that they apply retrospectively in proceedings in respect of pre-Brexit events.’

OUT-LAW.com, 29th July 2024

Source: www.pinsentmasons.com

Air Travel Woes – Law Pod UK

Posted July 26th, 2024 in airlines, appeals, brexit, compensation, news, podcasts, Supreme Court by sally

‘A tale of small win against airline leads to big Supreme Court ruling on pre- and post- Brexit compensation. Rosalind English in conversation with David Hart KC.’

Law Pod UK, 25th July 2024

Source: audioboom.com

Tenant given two-year community order and told to pay £2,400 in compensation after illegal subletting – Local Government Lawyer

Posted July 24th, 2024 in community service, compensation, fraud, housing, landlord & tenant, local government, news, sentencing by sally

‘The London Borough of Barnet has successfully prosecuted a tenant who illegally sublet her social housing property.’

Local Government Lawyer, 23rd July 2024

Source: www.localgovernmentlawyer.co.uk

Disabled man was left without care after council failures – BBC News

Posted July 23rd, 2024 in community care, compensation, delay, disabled persons, local government, news by sally

‘A disabled man suffered “significant distress” after a council’s failings left him without care, according to a report.’

BBC News, 23rd July 2024

Source: www.bbc.co.uk

Trafficking victims being turned down for compensation in ‘horrendous failing’ – The Independent

Posted July 23rd, 2024 in compensation, criminal injuries compensation, news, psychiatric damage, trafficking in human beings, victims by sally

‘Trafficking victims are being turned down for compensation in a “horrendous and clear failing”, the anti-slavery commissioner has said, after new figures showed how few people can access support.’

The Independent, 23rd July 2024

Source: www.independent.co.uk

MoD to compensate thousands of veterans over hearing loss – BBC News

Posted July 11th, 2024 in armed forces, compensation, disabled persons, duty of care, government departments, news by sally

‘Thousands more ex-servicemen and women will receive compensation for hearing loss suffered during training or combat, the BBC has learned.’

BBC News, 8th July 2024

Source: www.bbc.co.uk

Man who slipped in puddle of Baileys on way to BA flight could get £4m – The Guardian

Posted July 10th, 2024 in accidents, airlines, compensation, news, personal injuries by sally

‘A passenger who suffered a traumatic brain injury after slipping in a puddle of Baileys while heading for a flight could receive up to £4m in compensation.’

The Guardian, 8th July 2024

Source: www.theguardian.com

Ex-charity workers still awaiting tribunal payout – BBC News

Posted July 8th, 2024 in charities, compensation, damages, employment, employment tribunals, holiday pay, news, redundancy, special educational needs, unfair dismissal by sally

‘Former workers at a failed charity say they have not received any money despite being awarded significant sums at an employment tribunal.’

BBC News, 8th July 2024

Source: www.bbc.co.uk

Court interpreter supplier faces group action over employment rights – Law Society’s Gazette

Posted July 1st, 2024 in class actions, compensation, contract of employment, employment, news, remuneration by sally

‘The language services company contracted to provide courtroom services faces a fresh headache after it emerged that interpreters and translators are joining forces to potentially bring a group claim over employment rights.’

Law Society's Gazette, 27th June 2024

Source: www.lawgazette.co.uk

Compensation process broken, says RAF veteran – BBC News

Posted June 25th, 2024 in armed forces, compensation, complaints, health, news, ombudsmen, personal injuries by sally

‘Any veteran who has an injury or illness as a result of service can apply for financial compensation from one of two schemes run by Veterans UK, a veterans service managed by the Ministry of Defence (MoD). The Armed Forces Compensation Scheme is in place for injuries on or after 6 April 2005. Anything before, is handled by the War Pension Scheme. Veterans have long criticised both schemes. Some say they reject claims unfairly, and are slow to resolve them.’

BBC News, 25th June 2024

Source: www.bbc.co.uk

FRJ – AT v BT: The Return of Compensation – Financial Remedies Journal

Posted June 24th, 2024 in chambers articles, compensation, divorce, families, financial dispute resolution, financial provision, news by sally

‘In AT v BT [2023] EWHC 3531 Francis J considered what he described (at [4]) as “the proper approach of the court to the sharing principle and to the principle of compensation” given that “the husband maintains that this is a pure needs case and the wife asserts that this is a full sharing case”. This led H to offer a lump sum of £3.545m and W to seek a lump sum of £9.145m (with W to retain a property with an agreed value of £195,000 (£190,000 net of notional costs of sale)).’

Financial Remedies Journal, 20th June 2024

Source: financialremediesjournal.com

More transparency? Or naming and shaming? The FCA’s proposed new approach to enforcement – Mountford Chambers

Posted June 17th, 2024 in chambers articles, compensation, disclosure, enforcement, financial services ombudsman, news, public interest by sally

‘Fatima Jama explores the FCA’s proposed new approach to enforcement and increasing the transparency of investigations.’

Mountford Chambers, 2nd May 2024

Source: www.mountfordchambers.com

Clash Averted: Nealon and Hallam v United Kingdom and the Presumption of Innocence – Constitutional Law Association

Posted June 17th, 2024 in appeals, attempts, compensation, constitutional law, criminal justice, human rights, miscarriage of justice, murder, news, rape, Supreme Court by sally

‘On 11 June 2024, the Grand Chamber of the European Court of Human Rights handed down its judgment in Nealon and Hallam v United Kingdom. The case is important for two reasons: firstly, because it provides a long-awaited clarification of the law relating to the presumption of innocence under Article 6 of the Convention; secondly, because it allows Strasbourg to perform a “return shot” after UK courts were very hostile to its earlier judgments on this issue.’

Constitutional Law Association, 13th June 2024

Source: ukconstitutionallaw.org

Met Police officer fined for grabbing woman in mistaken bus fare dodging arrest – The Independent

Posted June 17th, 2024 in compensation, fines, news, police, professional conduct, sentencing, wrongful arrest by sally

‘A Metropolitan Police officer who “manhandled” and wrongly arrested a woman for bus fare evasion in front of her distraught young son has been fined £1,500.’

The Independent, 15th June 2024

Source: www.independent.co.uk

Next government may face claims for compensation from Rwanda flight detainees – The Guardian

Posted June 14th, 2024 in asylum, bail, compensation, deportation, detention, government departments, immigration, mental health, news, Rwanda by sally

‘The next government could have to make costly payouts to dozens of asylum seekers detained for deportation to Rwanda, even if the Rwanda deal falls apart after the general election.’

The Guardian, 13th June 2024

Source: www.theguardian.com

New appeal decision on Consumer Rights Act 2015 – David Lascelles – Littleton Chambers

Posted June 13th, 2024 in chambers articles, compensation, consumer protection, news, statutory interpretation by sally

‘In Black Horse Limited v Andrew Curtis (Bristol CC, 21 February 2024), HHJ Railton heard an appeal in relation to a novel point under the Consumer Rights Act 2015 (the Act).’

Littleton Chambers, 23rd May 2024

Source: littletonchambers.com

OAC’s case – the need to “wait and see” before attempting settlement – Exchange Chambers

Posted June 13th, 2024 in accidents, chambers articles, children, compensation, news, road traffic by sally

‘This case was recently approved following a joint settlement meeting where the terms of settlement were that the Claimant (C), a protected party, was to be compensated by the payment of the lump sum of £4.5 million. The date of accident was in 2005. C met with her accident as the infant back seat passenger restrained in a child seat, when a car driven by her father was involved in a collision with a lorry. C’s father was severely brain injured in the accident. C at the time was only 15 months old, she was born in 2004, she is now 20 years old. Proceedings were issued in March 2013.’

Exchange Chambers, 31st May 2024

Source: www.exchangechambers.co.uk

UK system for wrongful conviction payouts is lawful, European court rules – The Guardian

Posted June 12th, 2024 in compensation, government departments, human rights, mental health, miscarriage of justice, news by sally

‘Most victims of miscarriages of justice will still be denied compensation in Britain after the European court of human rights ruled the government’s test for payouts was lawful.’

The Guardian, 11th June 2024

Source: www.theguardian.com

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