‘Laura Campbell discusses liquidated damages in construction contracts, focussing upon the long-running Triple Point saga which ended in the Supreme Court this year.’
Local Government Lawyer, 12th November 2021
Source: www.localgovernmentlawyer.co.uk
‘In Castello v Gonschior [2021] EWHC 2742 (QB), Lambert J provides an important reminder of the importance of choosing the right experts and an example of the relevance, or lack of relevance, of complaints by other patients, and the evidential principles of “res ipsa loquitur” and Keefe v The Isle of Man Steam Packet Co Ltd [2010] EWCA Civ 683 (“Keefe”) in clinical negligence claims.’
Ropewalk Clinical Negligence Blog, 11th November 2021
Source: www.ropewalk.co.uk
‘A boy who suffered “catastrophic brain injuries” when doctors failed to see he had a virus and sent him home after he had a seizure has been awarded £27m.’
BBC News, 11th November 2021
Source: www.bbc.co.uk
‘A £3bn legal action against Google over claims it secretly tracked the internet activity of millions of iPhone users has been blocked by the UK supreme court.’
The Guardian, 10th November 2021
Source: www.theguardian.com
‘A solicitor has won her claim for wrongful dismissal after being sacked by a law firm for pushing back against a direction to relocate with immediate effect to another office.’
Legal Futures, 9th November 2021
Source: www.legalfutures.co.uk
‘Civil practitioners dealing with personal injury claims are generally familiar with the three-year limitation period imposed by section 11 of the Limitation Act 1980. Put simply, claims for personal injury (whether arising from negligence, nuisance or breach of duty) must be brought within three years of the date on which the cause of action accrued (section 11(4)(a)) or the date of knowledge (if later) of the person injured (section 11(4)(b)). A person’s “date of knowledge” for the purposes of section 11(4)(b) is defined in section 14 of the Limitation Act 1980.’
Ropewalk Clinical Negligence Blog, 2nd November 2021
Source: www.ropewalk.co.uk
“An experienced solicitor who worked at Slater & Gordon has been struck off after telling a personal injury client that her case was ongoing when it had actually settled and using some of the money to pay other clients damages they were not entitled to.”
Legal Futures, 4th November 2021
Source: www.legalfutures.co.uk
‘The United Kingdom Supreme Court, allowing an appeal by PTT from the Court of Appeal, has clarified the relevant principles of English law relating to the construction of clauses providing for the payment of liquidated damages for delay. The Supreme Court has confirmed that, unless clear words in the contract provide otherwise, liquidated damages for delay will be an accrued right which is recoverable where the contract is terminated either under its terms or at law for repudiation.’
Atkin Chambers, 6th October 2021
Source: www.atkinchambers.com
‘QOCS applies to most personal injury (“PI”) claims. It usually limits the ability of a successful defendant to recover its costs against an unsuccessful claimant.’
Lamb Chambers, October 2021
Source: www.lambchambers.co.uk
‘A law firm now part of consolidator Metamorph Law has been only partially successful in striking out a claim over how it advised a client on his clinical negligence case.’
Legal Futures, 1st November 2021
Source: www.legalfutures.co.uk
‘This blog deals with the causation aspects of Thorley v Sandwell & West Birmingham Hospitals NHS Trust [2021] EWHC 2604 (QB). Philip Godfrey dealt with the factual background and breach of duty aspects of this case in his recent blog. In short, Soole J preferred the evidence of the Defendant’s expert and dismissed the claim on that basis. In so doing, however, he concluded that as a matter of law the material contribution approach to causation does not apply when there is a single tortfeasor and an indivisible injury.
Soole J is surely right to acknowledge that this is an issue “ripe for authoritative review” (see [151]), but it is suggested that his reasons for reaching the above conclusion are somewhat questionable.’
Ropewalk Clinical Negligence Blog, 26th October 2021
Source: www.ropewalk.co.uk
‘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.’
The Independent, 27th October 2021
Source: www.independent.co.uk
‘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.’
Law Society's Gazette, 25th October 2021
Source: www.lawgazette.co.uk
‘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.’
UKSC Blog, 20th October 2021
Source: ukscblog.com
‘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.’
OUT-LAW.com, 12th October 2021
Source: www.pinsentmasons.com
‘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.’
UK Constitutional Law Association, 12th October 2021
Source: ukconstitutionallaw.org
‘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.’
The Guardian, 11th October 2021
Source: www.theguardian.com
‘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.’
Law Society's Gazette, 7th October 2021
Source: www.lawgazette.co.uk
‘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.’
The Independent, 2nd October 2021
Source: www.independent.co.uk
‘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.’
Legal Futures, 1st October 2021
Source: www.legalfutures.co.uk
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