Category: damages

Unravelling – the effect of a debt moratorium on enforcement steps taken during it. – Nearly Legal

Posted May 16th, 2022 in damages, debts, enforcement, housing, leases, mental health, news, repossession by tracey

‘Lees v Kaye (2022) EWHC 1151 (QB). This is another judgment on the operation of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England & Wales) Regulations 2020. (The first was part of the Brake v Axnoller litigation, the denouments of which I have yet to write up). The case highlights the potential impact of a moratorium and the importance of paying attention to them, because it can give rise to great difficulty in unravelling what has been done.’

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Nearly Legal, 15th May 2022

Source: nearlylegal.co.uk

Solicitors lose appeal over £2m invoice charged through DBA – Law Society’s Gazette

Posted May 13th, 2022 in appeals, costs, damages, insolvency, law firms, news, solicitors by tracey

‘The Court of Appeal has dismissed an attempt by solicitors to secure a £2m payment from an insolvent client for work carried out on a damages based agreement.’

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Law Society's Gazette, 12th May 2022

Source: www.lawgazette.co.uk

‘It strips your humanity’: Civil servant wins six-figure sum over ‘insidious’ Ministry of Justice racism – The Independent

Posted May 9th, 2022 in civil servants, compensation, damages, employment, equality, Ministry of Justice, news, race discrimination, racism by tracey

‘A former civil servant received a six-figure pay-out from the government over discrimination after she says was subjected to “insidious” racism during a 20-year battle with the Ministry of Justice.’

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The Independent, 8th May 2022

Source: www.independent.co.uk

No retainer between law firm and businessman in £2.5m dispute – Legal Futures

Posted May 6th, 2022 in damages, law firms, loss of chance, news by tracey

‘There was no express or implied retainer between a Buckinghamshire law firm and a businessman with a “colourful commercial career” suing it for £2.5m in damages, the High Court has ruled.’

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Legal Futures, 6th May 2022

Source: www.legalfutures.co.uk

Data breach litigation — more useful High Court guidance – Local Government Lawyer

Posted May 6th, 2022 in damages, data protection, local government, news by tracey

‘The High Court has provided further guidance on two important issues in data breach claims, writes Peter Wake.’

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Local Government Lawyer, 6th May 2022

Source: www.localgovernmentlawyer.co.uk

Acoustic shock claim back on after ‘fundamental error’ – Law Society’s Gazette

Posted May 6th, 2022 in accidents, appeals, damages, employment, expert witnesses, news, noise, personal injuries, setting aside, telecommunications by tracey

‘The Court of Appeal has revived an acoustic shock claim after a finding that the defendant’s evidence was incorrect and the judge was considering the wrong issue.’

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Law Society's Gazette, 5th May 2022

Source: www.lawgazette.co.uk

Judicial College Guidelines updated – Law Society’s Gazette

Posted May 5th, 2022 in damages, news, personal injuries by sally

‘On 11 April, the Judicial College published the 16th edition of its guidelines to the assessment of general damages in personal injury cases. The previous edition was published in November 2019. These guidelines were first published in 1992 and provide a critical tool for practitioners and the courts. They rely heavily on reported decisions, covering categories as diverse as injuries caused by death, chronic pain, dermatitis and other skin conditions. The higher awards are to be found in chapters 2 and 3, tetraplegia and head injury, where the ranges in the top bracket are £324,600 to £403,990 and £282,010 to £403,990 respectively. Total blindness and deafness attracts an award in the region of £403,990, while minor injuries “where there is a complete recovery within seven days” are valued at “a few hundred pounds to £690”.’

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Law Society's Gazette, 4May 2022

Source: www.lawgazette.co.uk

Judge throws cold water on “insignificant” data breach claims – Legal Futures

Posted May 3rd, 2022 in birth, damages, data protection, misuse of private information, news by sally

‘The burgeoning field of data breach claims has taken a blow with a High Court judge saying the disclosure of a person’s name, gender and date of birth is not serious enough.’

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Legal Futures, 3rd May 2022

Source: www.legalfutures.co.uk

Actor Ricky Tomlinson opposing bid to have ‘hacking’ claim thrown out of court – The Independent

Posted April 29th, 2022 in damages, disclosure, interception, media, news, privacy, striking out, summary judgments, telecommunications by tracey

‘Actor Ricky Tomlinson has described an attempt by a newspaper publisher to have his claim against it over unlawful information gathering thrown out of court as “outrageous and disgusting”.’

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The Independent, 28th April 2022

Source: www.independent.co.uk

Former Lib Dem MP and campaigner formally settles phone hacking claim – The Independent

Posted April 29th, 2022 in damages, interception, media, news, parliament, political parties, privacy, telecommunications by tracey

‘Dr Evan Harris accepted “substantial damages” from NGN, publisher of the now-defunct News of the World and The Sun, to settle his claim for unlawful information gathering.’

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The Independent, 28th April 2022

Source: www.independent.co.uk

County council defends High Court claim brought after driver killed by falling tree – Local Government Lawyer

Posted April 29th, 2022 in accidents, bereavement, damages, duty of care, expert witnesses, local government, negligence, news, trees by tracey

‘Hampshire County Council was not in breach of its duty, nor was it negligent when a tree fell onto a road killing a father of three, the High Court has ruled.’

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Local Government Lawyer, 29th April 2022

Source: www.localgovernmentlawyer.co.uk

Case Preview: Stanford International Bank Ltd (In Liquidation) v HSBC Bank Plc – UKSC Blog

Posted April 27th, 2022 in appeals, banking, damages, debts, insolvency, liquidators, news, Supreme Court by sally

‘On 19 January 2022, the Supreme Court heard the appeal in Stanford International Bank Ltd (In Liquidation) v HSBC Bank Plc. The appeal turns on whether a company in liquidation can be considered to have suffered loss where, while it is still trading, its bank pays money out of the company’s accounts to discharge debts owed by the company. It is likely that this case will further set out the limits of the Quincecare duty, following a spate of recent high-profile cases in this area.’

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UKSC Blog, 26th April 2022

Source: ukscblog.com

Teacher wins £850k settlement following classroom assault – Local Government Lawyer

Posted April 20th, 2022 in assault, compensation, damages, employment, health & safety, news, personal injuries, psychiatric damage, school children, teachers by sally

‘A teacher who was assaulted by a student has been awarded £850,000 in compensation following a personal injury claim, his union has reported.’

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Local Government Lawyer, 19th April 2022

Source: www.localgovernmentlawyer.co.uk

Rape victims failed by UK criminal courts are being forced to seek justice elsewhere – The Guardian

Posted April 19th, 2022 in civil justice, damages, news, private prosecutions, prosecutions, rape, victims by sally

‘With prosecutions at an all-time low, some women are turning to civil courts – but the process can be difficult and expensive.’

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The Guardian, 19th April 2022

Source: www.theguardian.com

Artist injured by stolen motorbike awarded £3m damages after High Court trial – The Independent

Posted April 14th, 2022 in accidents, artistic works, compensation, damages, expert witnesses, insurance, news, personal injuries, road traffic by tracey

‘An artist who wanted around £30 million damages after suffering a serious head injury when he was hit by a stolen motorcycle more than six years ago has been awarded about £3 million by a High Court judge.’

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The Independent, 14th April 2022

Source: www.independent.co.uk

London teacher awarded £850,000 after pupil’s attack – The Guardian

Posted April 14th, 2022 in assault, compensation, damages, mental health, news, personal injuries, psychiatric damage, school children, teachers by tracey

‘A London teacher has been awarded £850,000 in compensation after being punched in the face and kicked during a science lesson by a pupil with a history of violence towards other children and teachers.’

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The Guardian, 14th April 2022

Source: www.theguardian.com

Rochdale grooming: Abused women receive police damages – BBC News

Posted April 13th, 2022 in child abuse, children, compensation, damages, gangs, human rights, negligence, news, police, rape, sexual grooming, sexual offences, victims by tracey

‘Three women who were groomed, raped and abused by gangs of men in Rochdale have received “substantial” damages and an apology from Greater Manchester Police.’

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BBC News, 12th April 2022

Source: www.bbc.co.uk

Dog-walking Dorset Police officer faked injury for £150k – BBC News

Posted April 12th, 2022 in accidents, compensation, damages, disciplinary procedures, fraud, imprisonment, news, personal injuries, police, professional conduct, road traffic by tracey

‘A former police officer who feigned injury and claimed almost £150,000 from the force has been found guilty of gross misconduct.’

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BBC News, 11th April 2022

Source: www.bbc.co.uk

Future loss of earnings or Smith v Manchester? – Exchange Chambers

Posted April 8th, 2022 in accidents, chambers articles, damages, news, personal injuries by sally

‘The decision of Anthony Metzer QC (sitting as a Deputy High Court Judge) in Natasha Palmer v Seferif Mantas and Liverpool Victoria Insurance Co. Ltd [2022] EWHC 90 (QB) provides a helpful analysis of the interplay between a Smith v Manchester award of general damages for disadvantage on the open labour market and a future loss of earnings claim calculated on a multiplier / multiplicand basis.’

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Exchange Chambers, 31st March 2022

Source: www.exchangechambers.co.uk

Credibility: A divisible concept? – Exchange Chambers

Posted April 7th, 2022 in chambers articles, compensation, damages, deceit, news, personal injuries, witnesses by sally

‘Alice Dobbie considers how credibility was approached by the courts in two recent cases: Cojanu v Essex Partnership University NHS Trust [2022] EWHC 197 and Palmer v Mantas and LV Insurance [2022] EWHC 90.’

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Exchange Chambers, 31st March 2022

Source: www.exchangechambers.co.uk