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 Judgment: FS Cairo (Nile Plaza) LLC (Appellant) v Brownlie (Respondent) [2021] UKSC 45 – UKSC Blog

‘In January 2010 the respondent and their husband were on holiday in Egypt. They stayed at the Four Seasons Hotel Cairo at Nile Plaza. On 3 January 2010, they went on a guided driving tour booked through the hotel. The vehicle they were travelling in during the tour crashed, killing the respondent’s husband and seriously injuring the respondent.’

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UKSC Blog, 20th October 2021

Source: ukscblog.com

UK Competition Appeal Tribunal certifies first excessive pricing class action – OUT-LAW.com

Posted October 13th, 2021 in appeals, class actions, competition, damages, news, telecommunications by tracey

‘The Competition Appeal Tribunal (CAT) has given the go-ahead to the UK’s first “excessive pricing” abuse of dominance claim, which could involve up to 2.3 million customers and damages of up to £469 million, plus interest.’

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OUT-LAW.com, 12th October 2021

Source: www.pinsentmasons.com

Jonathan Morgan: IRAL’s Missing Remedy: Compensation for Unlawfulness – UK Constitutional Law Association

Posted October 12th, 2021 in Administrative Court, bills, compensation, damages, judicial review, news by sally

‘The current blog post considers the failure of the current judicial review reform process, from IRAL onwards, to give proper consideration to compensation for unlawful government acts. This has been less discussed than the discretion over the temporal effect of quashing orders.’

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UK Constitutional Law Association, 12th October 2021

Source: ukconstitutionallaw.org

UK journalist wins £80k damages after being hired ‘to smear’ UAE and Egypt critics – The Guardian

Posted October 12th, 2021 in damages, fraud, media, misrepresentation, negligence, news by sally

‘A journalist has been awarded more than £80,000 in damages against a London-based investigative website and its CEO – a press freedom campaigner – after claiming she was duped into joining the organisation only to find out it was a propaganda vehicle for the UAE and Egypt.’

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The Guardian, 11th October 2021

Source: www.theguardian.com

Claimant loses in Court of Appeal despite defendant offering no evidence – Law Society’s Gazette

‘The Court of Appeal has found – albeit by a majority verdict – in favour of a defendant who offered no evidence to support their case and did not cross-examine the claimant’s instructed expert. The ruling on uncontroverted evidence in Griffiths v Tui will be a blow for personal injury firms with hundreds of holiday sickness claims waiting on the result.’

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Law Society's Gazette, 7th October 2021

Source: www.lawgazette.co.uk

BBC presenter hurt while playing role of ‘crash test dummy’ awarded £1.6m damages – The Independent

‘A television presenter has been awarded £1.6m in damages after he suffered brain and spine injuries while acting as a “crash test dummy” in a science programme. Jeremy Stansfield won a High Court battle with the BBC on Friday, with Dame Justice Amanda Yip ruling that the injuries he received in 2013 had derailed his “successful career in television” and restricted his enjoyment of life.’

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The Independent, 2nd October 2021

Source: www.independent.co.uk

‘Negligent’ London firm defeats £12m claim for lack of causation – Legal Futures

Posted October 1st, 2021 in causation, construction industry, damages, law firms, negligence, news by tracey

‘Leading London law firm Withers has fought off a £12m claim on the basis of causation after the High Court ruled that it gave negligent advice to a property developer.
However, His Honour Judge Pelling QC, sitting as a High Court judge, found that the firm gave negligent advice on a settlement agreement, leading to an award of £270,000 in damages.’

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Legal Futures, 1st October 2021

Source: www.legalfutures.co.uk

Harry Dunn: Parents reach resolution in civil case against suspect – BBC News

‘The parents of Harry Dunn have reached a “resolution” in a civil claim for damages with the woman alleged to have killed him, the family’s spokesman has said.’

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BBC News, 21st September 2021

Source: www.bbc.co.uk

Claimant who exaggerated impact of injury not fundamentally dishonest – Legal Futures

Posted September 20th, 2021 in accidents, compensation, damages, deceit, fundamental dishonesty, news, personal injuries by tracey

‘A judge was right to find that a claimant who exaggerated the impact of a serious injury was not fundamentally dishonest, the High Court has ruled.’

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Legal Futures, 20th September 2021

Source: www.legalfutures.co.uk

BBC sued for set builder’s death in claim over asbestos – The Guardian

Posted September 20th, 2021 in asbestos, BBC, bereavement, cancer, damages, families, health & safety, industrial injuries, news by tracey

‘The BBC is being sued over the death of a set builder who contracted asbestos-related cancer while working on high-profile dramas including Doctor Who. Richard Evans’s widow, Valerie, is seeking damages from the corporation after it admitted in the high court that it had exposed him to asbestos during his 23 years making and painting sets.’

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The Guardian, 19th September 2021

Source: www.theguardian.com

Court rejects Slater and Gordon bid to end costs recovery cases – Law Society’s Gazette

Posted September 17th, 2021 in costs, damages, law firms, news, personal injuries, stay of proceedings by tracey

‘Lawyers chasing personal injury firms over the deductions from former clients’ damages have been handed a huge twin boost by the court.’

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Law Society's Gazette, 17th September 2021

Source: www.lawgazette.co.uk

Judge rules Little Mix concert promoter discriminated against group of deaf mothers at 2017 concert – The Independent

‘A judge has ruled that a concert promoter for Little Mix discriminated against a group of deaf mothers in 2017.’

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The Independent, 17th September 2021

Source: www.independent.co.uk

Vicarious Liability and the Non-Delegable Duty in the Context of Dental Negligence Claims: Hughes v Rattan – Ropewalk Clinical Negligence Blog

‘For several years in the 2000s and 2010s, the law relating to vicarious liability and non-fault liability more generally was “on the move”. However, in the last couple of years, the case law dealing with non-fault liability has been far less fruitful for claimants (e.g. Barclays Bank Plc v Various Claimants [2020] UKSC 13; SKX v Manchester City Council [2021] EWHC 782 (QB)). So the decision of Heather Williams QC (sitting as a Deputy High Court Judge) in the case of Hughes v Rattan [2021] EWHC 2032 (QB) provides an early sign that the tide may be turning back in favour of claimants, at least in the context of medical negligence claims.’

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Ropewalk Clinical Negligence Blog, 7th September 2021

Source: www.ropewalk.co.uk

Local authority ordered to pay mother fleeing ex-partner £10k in compensation following data breach – Local Government Lawyer

‘Hampshire County Council should pay £10,000 in compensation after a mother who was fleeing her ex-partner had her address exposed in a data breach, Portsmouth Magistrates’ Court has ruled.’

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Local Government Lawyer, 6th September 2021

Source: www.localgovernmentlawyer.co.uk

Woman refused 5pm finish wins £185,000 payout – BBC News

‘Alice Thompson wanted to work shorter hours to pick her daughter up from nursery, but ended up resigning.’

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BBC News, 7th September 2021

Source: www.bbc.co.uk

PI claim to proceed despite tribunal settlement – Law Society’s Gazette

‘The High Court has allowed a PI claim to be pursued by an employee against his former bosses – even though the parties settled an employment tribunal claim over the same matter years previously.’

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Law Society's Gazette, 2nd September 2021

Source: www.lawgazette.co.uk

Costs and costs of repairs – Nearly Legal

‘An interesting, though non-binding, county court decision on the issue of costs of a disrepair claim that settled pre-allocation.’

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Nearly Legal, 30th August 2021

Source: nearlylegal.co.uk

PDS employee dismissed after work with murderer awarded £100k – Legal Futures

‘The Public Defender Service (PDS) has been ordered to pay £100,000 in compensation to an employee unfairly dismissed after suffering post-traumatic stress disorder (PTSD) due to her work debriefing a murderer.’

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Legal Futures, 23rd August 2021

Source: www.legalfutures.co.uk