‘Defendant lawyers have urged the Court of Appeal not to risk double compensation for injuries caused by the same accident.’
Law Society’s Gazette, 1st December 2022
Source: www.lawgazette.co.uk
‘The fact that fewer than 10% of claimants use the Official Injury Claim (OIC) portal without legal representation does not mean the system has failed to deliver, the government said yesterday.’
Legal Futures, 30th November 2022
Source: www.legalfutures.co.uk
‘The case of Breakshore Ltd v Red Key Concepts Ltd, as heard in the TCC earlier this year, reconfirms the court’s position in respect of when it is appropriate to use Part 8 claims to resist adjudication enforcement hearings.’
Practical Law: Construction Blog, 11th November 2022
‘Does a local planning authority owe a duty of care to an applicant for planning permission? Simon Ricketts analyses a recent High Court ruling.’
Local Government Lawyer, 11th November 2022
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal’s judgment was handed down in August 2022 in Laura Murray’s appeal against the ruling of Mr Justice Nicklin in Rachel Riley’s (pictured above) libel claim. The appeal was unanimously dismissed by the Court of Appeal, with £10,000 falling due to Riley.’
Law Society's Gazette, 28th October 2022
Source: www.lawgazette.co.uk
‘Morrisons has been told to pay a mother £60,000 for discriminating against her when she returned from maternity leave.’
BBC News, 31st October 2022
Source: www.bbc.co.uk
‘A litigant with a mixed claim will not have to pay costs immediately for one part of their claim which has been thrown out already. In Achille v Lawn Tennis Association Services Ltd the Court of Appeal agreed that it was premature for the costs order to be enforced now against claimant Richard Achille. Instead the court should wait until the conclusion of proceedings to decide what costs should follow.’
Law Society’s Gazette, 28th October 2022
Source: www.lawgazette.co.uk
‘Lawyers have won their appeal in a court ruling that will come as a massive relief across the personal injury market. Judges in the Court of Appeal ruled in Belsner v CAM Legal Services this morning that the firm’s personal injury client had made fair and reasonable deductions from her damages. The deductions were therefore lawful and did not need to be paid back.’
Law Society’s Gazette, 27th October 2022
Source: www.lawgazette.co.uk
‘Just about anyone who works in data protection will probably have asked, or have been asked: what do courts tend to award claimants who suffer data breaches? They will probably also be used to an answer along the lines that “it’s quite difficult to say; there isn’t very much case law”. Last week’s judgment of Knowles J in Driver v Crown Prosecution Service [2022] EWHC 2500 (KB) is a helpful contribution to this limited line of authority.’
Panopticon, 17th October 2022
Source: panopticonblog.com
‘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
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