Harry Dunn: Civil damages deposition case postponed – BBC News
‘The deposition of Harry Dunn’s alleged killer has been postponed just days before it was due to take place.’
BBC News, 19th August 2021
Source: www.bbc.co.uk
Category: damages
UK academic sues university after losing role in critical race theory row – The Guardian
‘Aysha Khanom claims discrimination after Leeds Beckett accused her of using “racist language” in tweets.’
The Guardian, 16th March 2021
Source: www.theguardian.com
UK appeal court clarifies ‘doctrine of merger’ – OUT-LAW.com
‘A recent decision by the English Court of Appeal confirms the scope of the “doctrine of merger”, which is designed to prevent an abuse of court process by preventing parties from bringing multiple claims in respect of the same cause of action.’
OUT-LAW.com, 12th August 2021
Source: www.pinsentmasons.com
Eight things you need to know: Personal Injury damages in divorce cases – Family Law
‘The “pre-acquired” or “non-matrimonial” argument is one which has taken up much commentary in family law circles over recent years. However, the conundrum can be even more challenging when considering personal injury damages that one party may have received in order to meet their specific needs arising from an accident or injury.’
Family Law, 12th August 2021
Source: www.familylaw.co.uk
Liquidated damages and London buses – Practical Law: Construction Blog
‘Cases about liquidated damages are, it transpires, like London buses: you wait ages for one to turn up and then two come along together.’
Practical Law: Construction Blog, 9th August 2021
Appeal judges reject “binary” approach to negligence claim – Legal Futures
‘The Court of Appeal has rejected as “too binary” the approach taken by a High Court judge when striking out a negligence claim against lawyers over their former client’s capacity to litigate.’
Legal Futures, 5th August 2021
Source: www.legalfutures.co.uk
Damages for breach of lease? Possibly not… – Nearly Legal
‘This is a county court case, so not a binding precedent, but it is a) fascinating (if hardly uncommon in London as a situation), and b) a judgment by HHJ Luba QC, so carries the weight of a highly experienced housing/landlord and tenant judge.’
Nearly Legal, 1st August 2021
Source: nearlylegal.co.uk
Supreme Court Revisits Wrongful Birth Claims – Quarterly Medical Law Review
‘In Khan v Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in “wrongful birth” claims: claims for the cost of bringing up a disabled child who would not have been born but for a doctor’s negligent medical advice/treatment. However, the judgment has implications beyond the world of clinical negligence litigation. The Supreme Court has taken the opportunity to clarify the components or ingredients of the tort of negligence more generally. In particular, the court has affirmed the importance of the “scope of duty” principle: a principle which limits the recoverability of damages wherever it applies.’
Quarterly Medical Law Review, 28th July 2021
Source: 1corqmlr.com
Dougan v Bike Events Ltd: High Court decision on liability for a cycling sportive accident – 12 King’s Bench Walk
‘The claim was brought by Mr Dougan, an event participant, against Bike Events Ltd as the event organiser of the Manchester 100, a non-competitive charity cycling sportive on open roads.’
12 King's Bench Walk, 19th July 2021
Source: www.12kbw.co.uk
Walkden v Drayton Manor Park – Emma Zeb looks at the recent High Court appeal – Gatehouse Chambers
‘The Claimant’s case was that he suffered severe psychiatric and back injuries on a cable car at the Defendant’s amusement park in 2014. Liability for the accident was admitted. Quantum claimed at £1.5million was in issue.’
Gatehouse Chambers, 27th July 2021
Source: gatehouselaw.co.uk
A return to orthodoxy – Supreme Court decides on Triple Point v PTT: Case analysis by Mathias Cheung – Atkin Chambers
‘The following case analysis, produced by Mathias Cheung, in partnership with LexisNexis, discusses the recent Supreme Court judgment in Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29 (16 July 2021).’
Atkin Chambers, 26th July 2021
Source: www.atkinchambers.com
Khan (Respondent) v Meadows (Appellant) [2021] UKSC 21 – Hailsham Chambers
‘In this highly anticipated judgment, the Supreme Court unanimously dismissed the appeal and held that the Defendant doctor was only liable for losses which fell within the scope of her duty of care, thereby significantly reducing the damages recoverable by the Claimant.’
Hailsham Chambers, 21st July 2021
Source: www.hailshamchambers.com
Council and bus operator to pay out £109k in damages and costs to religious organisation over refusal to advertise rally – Local Government Lawyer
‘Blackpool Council and its wholly owned company Blackpool Transport Services have been ordered to pay £109,000 in damages and costs to a religious organisation run by evangelist Franklin Graham after refusing to advertise a rally on buses.’
Local Government Lawyer, 21st July 2021
Source: www.localgovernmentlawyer.co.uk
Tommy Robinson loses libel case brought by Syrian schoolboy – The Guardian
‘The anti-Islam activist Tommy Robinson has lost a libel case brought against him by a Syrian schoolboy who was filmed being attacked at school.’
The Guardian, 22nd July 2021
Source: www.theguardian.com
High Court refuses to let law firm take place of deceased claimant – Legal Futures
‘A High Court judge has rejected an application by a law firm to substitute itself for a deceased claimant, on the grounds that it would be a form of champerty.’
Legal Futures, 20th July 2021
Source: www.legalfutures.co.uk
Court blocks firm being substituted into claim of dead client – Law Society’s Gazette
‘The High Court has refused an application from a London firm to be substituted for their deceased client in a £1.5m litigation claim.’
Law Society's Gazette, 20th July 2021
Source: www.lawgazette.co.uk
Negligence action against lawyers over amputation not time-barred – Legal Futures
‘A man who received “devastating news” that his lower leg needed to be amputated seven years after settling his personal injury claim is not prevented by limitation from suing his lawyers for negligence, the High Court has ruled.’
Legal Futures, 21st July 2021
Source: www.legalfutures.co.uk
Home Office forced to pay out £9.3m in compensation for over 300 cases of unlawful detention last year – The Independent
‘The Home Office was forced to pay out a record in compensation for wrongful detention under immigration powers last year.’
The Independent, 10th July 2021
Source: www.independent.co.uk
Rebekah Vardy gets partial win in Coleen Rooney libel battle – BBC News
‘Rebekah Vardy has successfully had parts of Coleen Rooney’s defence thrown out by a judge, in the latest stage of their libel battle.’
BBC News, 7th July 2021
Source: www.bbc.co.uk
The Lachaux libel case returns with an expensive result for the publishers – Transparency Project
‘This post is not about family law; it’s about defamation law. It involves alleged behaviour by a husband (Bruno Lachaux) to his wife (Afsana Lachaux). Since their separation, Mr and Mrs Lachaux have been involved in litigation in the family court which we wrote about in September last year. That litigation involved both financial matters and children matters. There was also a separate ongoing libel case brought by Mr Lachaux regarding a number of publications about his marriage. Mrs Lachaux was not a party in the libel case.’
Transparency Project, 7th July 2021
Source: www.transparencyproject.org.uk
