damages – Page 2 – Current Awareness

Home Office ordered to pay over £203,995.24 in damages to Nigerian man – EIN Blog

Posted October 2nd, 2024 in compensation, damages, detention, government departments, human rights, immigration, news, psychiatric damage by tracey

‘Adegboyega v Secretary of State for the Home Department [2024] EWHC 2365 (KB) (15 September 2024). In Mr Adegboyega’s case, the SSHD was ordered to pay over £203,995.24 in damages. A Nigerian national, Mr Adegboyega was unlawfully detained at Brook House Immigration Removal Centre for 88 days in 2017 despite having the right to remain in the UK as the spouse of an EEA national.’

EIN Blog, 30th September 2024

Source: www.ein.org.uk

Met settles £1m civil case after wrongful arrest of black bank manager in 2017 – The Guardian

Posted October 2nd, 2024 in civil justice, compensation, damages, data protection, misfeasance, news, police, race discrimination, racism, wrongful arrest by tracey

‘A black executive who sued the Metropolitan police for £1m has told of the “bitter-sweet moment” of reaching a settlement with the force after alleging that he was racially profiled.’

The Guardian, 1st October 2024

Source: www.theguardian.com

Mother wins decade-long battle for more than £10m over botched operation on child at NHS hospital – The Independent

Posted September 25th, 2024 in children, compensation, damages, families, hospitals, medical treatment, negligence, news, personal injuries by sally

‘A mother has won a 12-year battle for compensation against an NHS hospital after successfully claiming her child suffered brain damage as a result of a botched surgery.’

The Independent, 25th September 2024

Source: www.independent.co.uk

King Crude Carriers SA -v- Ridgebury November LLC [2024] EWCA Civ 719: English contract law recognises doctrine of ‘deemed fulfilment’ of a condition precedent – Gatehouse Chambers

Posted September 18th, 2024 in appeals, chambers articles, contracts, damages, debts, deposits, news by sally

‘In a significant decision clarifying the scope of the ‘Mackay v Dick’ principle, the Court of Appeal has ruled that a party cannot rely on the non-fulfilment of a condition precedent to a debt to avoid its obligation to pay where the non-fulfilment is caused by its own breach of contract. The decision reflects the English contract law maxim that a person should not be permitted to take advantage of their own wrongdoing.’

Gatehouse Chambers, 7th August 2024

Source: gatehouselaw.co.uk

Outsourcing and the Human Rights Act 1998 – the consequences – Mental Capacity Law and Policy

Posted September 18th, 2024 in damages, deprivation of liberty safeguards, false imprisonment, hospitals, human rights, inquests, mental health, negligence, news by sally

‘Without straying into politics, Sammut v Next Steps Mental Healthcare Ltd [2024] EWHC 2265 (KB) is a case which demonstrates the consequences of the fact that much state-funded care – including coercive mental health care – is now delivered privately. It concerns a man, Paul Sammut, who had what was described as a chronic, enduring and treatment resistant schizophrenia. For large parts of his adult life, he was detained under s.3 Mental Health Act 1983.’

Mental Capacity Law and Policy, 16th September 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Government-backed knife crime campaigner wins Met Police payout over wrongful strip-search – The Independent

Posted September 13th, 2024 in criminal damage, damages, news, offensive weapons, police, public order, race discrimination, stop and search by tracey

‘A government-backed anti-knife crime campaigner has won damages from the Met Police after being strip-searched by officers, The Independent can reveal.’

The Independent, 12th September 2024

Source: www.independent.co.uk

Travel & Aviation Bulletin – Summer 2024 – 3 Hare Court

Posted September 4th, 2024 in aircraft, chambers articles, damages, expert witnesses, holidays, negligence, news by tracey

‘Welcome to the Summer 2024 issue of our Travel & Aviation Bulletin, edited by Christopher Loxton. Whether you’re mourning the end of your summer holidays, or longing for the start of them, we hope this latest issue will provide some welcomed insights relevant to travel and aviation practitioners alike. From the termination of package holidays, to the jurisdictional challenge in the proceedings concerning aircraft detained in Russia, to relief from sanctions and expert evidence, to the contributory negligence and the limits on damages under Montreal Convention, we hope there is something in here for everyone.’

3 Hare Court, 21st August 2024

Source: www.3harecourt.com

Employment tribunal orders justice secretary to pay court worker £27,000 – Law Society’s Gazette

Posted September 4th, 2024 in compensation, damages, disability discrimination, disabled persons, employment, employment tribunals, equality, Ministry of Justice, news by tracey

‘A magistrates court’s administration officer has been awarded more than £27,000 after succeeding in her disability discrimination employment tribunal claim against the secretary of state for justice.’

Law Society's Gazette, 3rd September 2024

Source: www.lawgazette.co.uk

Paralegal unfairly dismissed by firm awarded £105,000 damages – Legal Futures

Posted August 27th, 2024 in contract of employment, damages, disability discrimination, employment tribunals, harassment, law firms, news, paralegals, unfair dismissal by tracey

‘A paralegal at a London law firm who was unfairly dismissed – leaving her dreams of becoming a solicitor in tatters – has been awarded damages of more than £100,000.’

Legal Futures, 27th August 2024

Source: www.legalfutures.co.uk

Singer wins £20k payout from music company – BBC News

Posted August 23rd, 2024 in contract of employment, contracts, damages, employment, news, remuneration by tracey

‘An American singer has won a £20,000 payout after an independent music company failed to pay his wages and left him pleading for dinner money.’

BBC News, 22nd August 2024

Source: www.bbc.co.uk

EasyJetwash owner agrees to pay out in trademark row – The Guardian

Posted August 23rd, 2024 in damages, news, trade marks, trade names by tracey

‘A pressure washing company will have to change its name from EasyJetwash and pay damages after a trademark dispute with the group behind the easyJet brand.’

The Guardian, 22nd August 2024

Source: www.theguardian.com

Strict duties under the DPA: does the decision in Vainker v Marbank bring us any closer to getting a firm answer on this? – Gatehouse Chambers

Posted August 16th, 2024 in building law, chambers articles, construction industry, contracts, damages, housing, news by sally

‘It was probably inevitable that the retrospective extension of time to 30 years for bringing claims under the Defective Premises Act 1972 (the “DPA”), introduced by the Building Safety Act 2022, would lead to increased scrutiny of the DPA. Until then, with some honourable exceptions, the DPA had received relatively little attention, no doubt because, in most cases, it presented a more difficult route to ascend up the same mountain as would a claim in contract or tort. All that has now changed.’

Gatehouse Chambers, 22nd July 2024

Source: gatehouselaw.co.uk

Opine and No Punishment: Relief from Sanctions and Expert Evidence – 3 Hare Court

Posted August 13th, 2024 in chambers articles, damages, employment, expert witnesses, industrial injuries, news by tracey

‘Does a late application for expert evidence in a discipline not addressed by existing directions require relief from sanctions, and with it, the formal application of the Denton test? In this article, Daniel Goldblatt and Katharine Bailey explore the practical implications of the Court of Appeal’s decision in Yesss, with a particular focus on late applications for expert evidence which may jeopardise a trial date.’

3 Hare Court, 8th August 2024

Source: www.3harecourt.com

Eight opt-out class actions per person in the UK, research finds – Legal Futures

Posted August 9th, 2024 in appeals, class actions, competition, damages, news, statistics, tribunals by sally

‘Actions filed at the Competition Appeals Tribunal (CAT) encompass a staggering 544m class members, the equivalent of 8.1 actions for each person in the UK, according to new research.’

Legal Futures, 9th August 2024

Source: www.legalfutures.co.uk

Disrepair claims in the County Court – Becket Chambers

Posted August 8th, 2024 in chambers articles, damages, landlord & tenant, leases, news, nuisance, rent, repairs, repossession by sally

‘A landlord owes certain duties to maintain the repair of a property that they have leased to a tenant. If a leased property falls into disrepair, the tenant may be able to claim against the landlord for damages. The tenant may also be able to counterclaim for disrepair where the landlord has brought a claim for property possession against the tenant. Where possession is being sought under the grounds of rent arrears, the tenant can assert that the Claimant landowner is not entitled to the full amount of rent owed.’

Becket Chambers, 22nd July 2024

Source: becket-chambers.co.uk

Headteacher paid damages in disability discrimination case against Ofsted – The Guardian

Posted August 2nd, 2024 in damages, disability discrimination, disabled persons, equality, news, ombudsmen, teachers by michael

‘A primary school headteacher with multiple sclerosis (MS) has been paid damages in a landmark disability discrimination case against Ofsted, after her request to postpone an inspection over a relapse in her symptoms was refused.’

The Guardian, 1st August 2024

Source: www.theguardian.com

An update on handling applicable law issues in cross-jurisdictional cases: The cases of Yordanov v. Vasilev & Ors [2024] and Nicholls v. Mapfre [2024] – Farrar’s Building

Posted July 31st, 2024 in chambers articles, damages, foreign jurisdictions, jurisdiction, negligence, news by sally

‘This article provides a short synopsis of two key 2024 decisions, Yordanov [2024] and Mapfre [2024], which raised issues surrounding the applicable law to substantive issues, interest, and subrogated claims.’

Farrar's Building, 17th July 2024

Source: www.farrarsbuilding.co.uk

Provisional damages in clinical negligence claims: Practical steps to consider – St John’s Chambers

Posted July 29th, 2024 in chambers articles, damages, doctors, hospitals, negligence, news by sally

‘Provisional damages are often bought off as part of the overall settlement agreement but as Lauren Karmel and Jimmy Barber remind us it is important to consider whether this is appropriate. They offer some guidance in provisional damages in clinical negligence claims and practical steps to consider in the latest edition of AvMA’s Lawyers Services Newsletter.’

St John's Chambers, 3rd July 2024

Source: www.stjohnschambers.co.uk

Costs of low-value clin neg claims now exceed damages – Legal Futures

Posted July 25th, 2024 in costs, damages, hospitals, negligence, news by sally

‘Claimant costs bills for clinical negligence claims valued up to £25,000 now exceed damages for the first time, according to NHS data.’

Legal Studies, 25th July 2024

Source: www.legalfutures.co.uk

PXT (A Child) v Atere-Roberts [2024] EWHC 1372 (KB) Costs Management: possible, and beneficial, even when the Claimant is a child – 12 King’s Bench Walk

Posted July 24th, 2024 in accidents, chambers articles, children, costs, damages, news, personal injuries by tracey

‘In this case Master Brown ordered that a case involving a child claimant should be subject to costs management, despite falling within an exception to automatic costs budgeting, and despite the medical prognosis not yet being finalised.’

12 King's Bench Walk, 12th July 2024

Source: costsandlitigationfunding.com

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