NHS trust to pay “significant” damages following detention of man with learning disabilities for almost a year – Local Government Lawyer

‘The High Court has approved the settlement of a civil claim brought by a man with learning disabilities and autism, who was detained for a period of 340 days as there was no safe alternative accommodation available.’

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Local Government Lawyer, 27th March 2025

Source: www.localgovernmentlawyer.co.uk

Economic Torts and Injured Feelings – Cambridge Law Journal

Posted March 27th, 2025 in appeals, damages, defamation, malicious falsehood, news, Supreme Court by sally

‘George v Cannell [2024 UKSC 19, [2024] 3 W.L.R. 153 is the first time in over a century that the UK’s highest court has substantively considered the economic tort of malicious falsehood. Sometimes known as injurious falsehood or slander of title, at common law this tort requires a falsehood, published maliciously which is calculated to produce, and does produce, “special damage” – namely, pecuniary loss.’

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Cambridge Law Journal, 7th January 2025

Source: www.cambridge.org

High Court awards £20,000 in damages to parish clerk over defamatory Facebook posts by councillor – Local Government Lawyer

Posted March 27th, 2025 in autism, damages, defamation, internet, local government, news by sally

‘A parish clerk has been awarded £20,000 in damages after defamatory social media posts by a parish councillor, who was “consumed with a very strong personal dislike” of the clerk, were found to have caused serious harm to their reputation.’

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Local Government Lawyer, 26th March 2025

Source: www.localgovernmentlawyer.co.uk

Ex-postmaster sues Post Office and Fujitsu over Horizon scandal – Law Society’s Gazette

Posted March 20th, 2025 in compensation, computer programs, damages, disclosure, fraud, news, postal service, theft by sally

‘A former sub-postmaster and a central figure in the Horizon scandal is the first individual to sue both the Post Office and Fujitsu for their role in proceedings brought against him.’

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Law Society's Gazette, 19th March 2025

Source: www.lawgazette.co.uk

£35m London tower could face ‘demolition’ as neighbours say it blocks reading light in bed – The Independent

Posted March 20th, 2025 in damages, housing, injunctions, news, planning, right to light by sally

‘A retired couple who say a 19-storey office tower is blocking the light in their £1m apartment next to the Thames are suing in a case which could see the £35m building demolished.’

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The Independent, 19th March 2025

Source: www.independent.co.uk

Assessing Quantum in Discrimination Cases: An Analysis of the Vento bands – Becket Chambers

‘Claims for discrimination are largely covered by the Equality Act 2010, the two most common forms of discrimination being direct and indirect. Direct discrimination is defined in the Act as one person treating another less favourably than he would others due to a protected characteristic (those characteristics being defined as age, disability, gender reassignment, marriage and civil partnership, religion or belief, sex, sexual orientation or pregnancy and maternity), whilst indirect discrimination is defined as a person applying a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of another. Generally, the primary outcome of discrimination (direct or indirect) is injury to feelings to the person who has been discriminated against.

The question which arises when a claim is made for injury to feelings as a result of discrimination is how damages can be quantified, given its non-tangible nature. How can I make a claim for my feelings being hurt and, if successful, what could I be awarded?’

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Becket Chambers, 11th March 2025

Source: becket-chambers.co.uk

High Court reinstates negligence claim against top family law firm – Legal Futures

‘A former client of a leading family law firm should be allowed to sue over its alleged failure to advise about its own negligence, the High Court has ruled.’

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Legal Futures, 6th March 2025

Source: www.legalfutures.co.uk

MJF: a re-emphasis on statements of case and evidential rigour – 1 QMLR

‘The Claimant, MJF, alleged that her surgery had been conducted negligently, causing a severe deterioration in her condition. The importance of the case to practitioners lies not in its determination on substantive law, but in the Judge’s observations on (i) statements of case; (ii) witness statements and witness evidence; and (iii) expert evidence.’

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1 QMLR, 6th March 2025

Source: 1corqmlr.com

Gambling with Consent: Free, Specific, and Informed Consent in Data Protection Law – UK Human Rights Blog

Posted March 5th, 2025 in consent, damages, data protection, gambling, human rights, news, privacy by sally

‘In RTM v Bonne Terre Ltd [2025] EWHC 111 (KB), the High Court considered claims brought in data protection and the tort of misuse of private information. The Claimant described himself as a “recovering online gambling addict” [1]. He sought damages for harm, distress and financial loss, and a declaration that his rights under data protection legislation had been infringed, from the Defendant, who operate Sky Betting and Gaming (SBG). The relevant period of the Claimant’s gambling for the claim against SBG (restricted by limitation periods) was 2017 until the end of 2018 or the start of 2019 [15]. The Claimant’s case was that SBG harvested his data using cookies without his consent. SBG the processed his personal data for marketing purposes without lawful basis, and targeted him through direct marketing emails (also without his consent) sent on average twice a day [68]. Consequently, he alleged he suffered substantial losses. Despite the claim having started in an almost inquisitorial fashion, with the Claimant undertaking a broad investigation into gambling laws when recovering from his addiction, the narrow issue at trial was “what, if anything, [the Claimant] consented to in the marketing part of the operation” [77].’

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UK Human Rights Blog, 5th March 2025

Source: ukhumanrightsblog.com

Litigation funder awarded £2.1m on assigned claim – Legal Futures

Posted March 5th, 2025 in assignment, champerty, damages, evidence, misuse of private information, news by sally

‘A litigation funder that took assignment of an inventor’s claim that his idea was ripped off by early stage investors has been awarded £2.15m in damages by the High Court.’

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Legal Futures, 5th March 2025

Source: www.legalfutures.co.uk

Parish council chaos as £20k libel bill issued over claim clerk ‘gave the finger’ during meeting – The Independent

Posted March 5th, 2025 in damages, defamation, local government, news by sally

‘A parish councillor who accused the village clerk of secretly giving him “the finger” during a council meeting has been handed a £20,000 libel bill after being sued at the High Court.’

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The Independent, 4th March 2025

Source: www.independent.co.uk

‘Badly amiss’: Judge blasts £100k case wrongly issued in London – Law Society’s Gazette

‘Something had gone “badly amiss” for a six-figure claim over an accident in Wales to be litigated in London’s Royal Courts of Justice, a judge has said.’

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Law Society's Gazette, 4th March 2025

Source: www.lawgazette.co.uk

Woman loses £400k injury claim after being filmed walking ‘strong’ husky – The Independent

Posted March 3rd, 2025 in accidents, damages, deceit, disabled persons, news, personal injuries by sally

‘A doggy daycare boss who sued for over £400,000 after injuring her arm in a fall from a horse has lost her case after being videoed holding a “big, strong” husky tugging at the lead and playing sports.’

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The Independent, 3rd March 2025

Source: www.independent.co.uk

Environmental Law News Update – Six Pump Court

‘Alame and others v Shell: Court of Appeal provide guiding principles on progressing a large environmental group litigation.’

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Six Pump Court, 13th January 2025

Source: 6pumpcourt.co.uk

Freezing orders in England and Wales – OUT-LAW.com

Posted February 17th, 2025 in damages, debts, freezing injunctions, news by sally

‘A freezing order is a court order which prevents a party from disposing of or dealing with its assets. It is therefore an essential tool for those looking to protect assets to ensure those assets are available to satisfy a court order.’

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OUT-LAW.com, 14th February 2025

Source: www.pinsentmasons.com

Secondary school teacher paid damages after alleged harassment by pupils’ parents – The Guardian

Posted February 17th, 2025 in bullying, damages, families, harassment, news, school children, teachers by sally

‘A secondary school headteacher has been paid damages in the settlement of a legal claim against abusive parents who he alleged launched a campaign of harassment against him, including turning up at his family home and verbally abusing him at the school gates.’

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The Guardian, 16th February 2025

Source: www.theguardian.com

Woman wins £95k settlement after moped collision – BBC News

‘More than two years after being hit by a moped while on her way to a Mother’s Day dinner with her sons in 2022, Loraine White from Leyton, east London, says she is still living with chronic pain.’

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BBC News, 11th February 2025

Source: www.bbc.co.uk

MoD investigates air crew cancers after helicopter claims – BBC News

‘The government is investigating how many military personnel have been diagnosed with cancer, after claims that some helicopters left crew exposed to toxic fumes.’

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BBC News, 10th February 2025

Source: www.bbc.co.uk

Court of Appeal clarifies foreign judgment enforceability requirements – OUT-LAW.com

Posted February 10th, 2025 in appeals, bankruptcy, damages, enforcement, foreign jurisdictions, insolvency, news, Russia by sally

‘A recent Court of Appeal decision has brought significant clarity to the requirements for bringing a bankruptcy petition in England and Wales, concluding that simply possessing a foreign judgment is not sufficient grounds for initiating such a petition.’

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OUT-LAW.com, 7th February 2025

Source: www.pinsentmasons.com

Home Office ordered to pay £100,000 to asylum seeker whose life it ‘grossly restricted’ – The Guardian

‘The Home Office must pay £100,000 to an asylum seeker who was unlawfully detained before her ability to work, buy food and socialise was “grossly restricted”, the high court has said.’

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The Guardian, 6th February 2025

Source: www.theguardian.com