‘Dozens of former subpostmasters who were convicted of theft, fraud and false accounting because of the Post Office’s defective Horizon accounting system are expected to finally have their names cleared.’
The Guardian, 23rd April 2021
Source: www.theguardian.com
‘It would be unjust for a defendant to be bound by the acceptance of a six-year-old part 36 offer on behalf of a protected party just hours before their death, the High Court has indicated.’
Litigation Futures, 22nd April 2021
Source: www.litigationfutures.com
‘TikTok is facing a legal challenge from former children’s commissioner for England Anne Longfield over how it collects and uses children’s data.’
BBC News, 21st April 2021
Source: www.bbc.co.uk
‘The Claimant brought a claim for damages against her General Practitioner for a missed diagnosis of breast cancer. As a result of the negligence, the Claimant had to undergo a mastectomy and axillary dissection, which would otherwise have been unnecessary. The Claimant argued that these treatments had left her with incapacitating chronic pain. The Defendant admitted breach of duty and causation, but contended that her claim should be dismissed because she had been fundamentally dishonest in relation to the claim.’
Parklane Plowden, 1st April 2021
Source: www.parklaneplowden.co.uk
‘Caroline Hall of DAC Beachcroft provides this case summary (via the DAC Beachcroft website) in the case of Vincent v Walker [2021] EWHC 536 (QB). Caroline, instructed by Mike Green at Zurich Insurance on behalf of the defendant driver successfully defended a claim brought by an injured pedestrian.’
Old Square Chambers, 23rd March 2021
Source: oldsquare.co.uk
‘Steven Ford QC analyses a ruling where, in the absence of fault, a local authority was not liable for sexual assaults committed by an employee of the private residential care home at which it placed the claimant. The relationship between the abusive employee and the placing authority was not akin to employment and the duty of care owed by the authority to the claimant was not non-delegable.’
Local Government Lawyer, 16th April 2021
Source: www.localgovernmentlawyer.co.uk
‘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, 16th April 2021
Source: www.familylaw.co.uk
‘This was a Court of Appeal decision following a hearing in December 2020. The parties to the Claim were the estate of the late Appellant, Michael Head and his former employer the Culver Heating Company Limited as Respondent.’
3PB, 2nd March 2021
Source: www.3pb.co.uk
‘Some breaches of contract do not become apparent until many years have passed. This is especially true where the result is a defect. Recently, our colleague Charlotte Mears blogged on limitation periods under contract. But what happens after the limitation period under a contract has expired? This blog explores the extent to which an answer lies in tort focusing on the tort of negligence.’
Practical Law: Construction Blog , 7th April 2021
‘Details of the new SCT RTA Protocol[1] (“the Protocol”) which sits alongside the new whiplash tariff, as set out in The Whiplash Injury Regulations 2021 (“the Whiplash Regulations”) were announced at the end of February. They will come into force, alongside the accompanying changes to the Civil Procedure Rules, on 31 May 2021.’
12 King's Bench Walk, 3rd March 2021
Source: www.12kbw.co.uk
‘The Court of Appeal has sent a firm message to litigators about the details required in a Part 36 after ruling that a claimant’s offer to settle at 90% was not genuine.’
Law Society's Gazette, 7th April 2021
Source: www.lawgazette.co.uk
‘As we all know, the acquisition of puppies during lockdown has gone through the roof with the inevitable sad consequences of remorse followed by neglect and even abandonment. Dog theft has spiralled as the market responds by escalating the price of pedigree puppies.’
UK Human Rights Blog, 7th April 2021
Source: ukhumanrightsblog.com
‘Delays in cases going through the civil court continue to spiral upwards, with the whiplash reforms set to increase pressure on the small claims court even further in the coming months.’
Litigation Futures, 23rd March 2021
Source: www.litigationfutures.com
‘A woman who duped her lawyers as she wildly exaggerated a clinical negligence claim, seeking damages of £5.7m instead of the £350,000 her case was worth, has been jailed for contempt of court.’
Litigation Futures, 18th March 2021
Source: www.litigationfutures.com
‘The significant uncertainties in the economy and the employment market caused by the pandemic may lead to an upsurge in defendants arguing that damages for future loss of earnings should be assessed by way of a Blamire and/or a Smith v Manchester award rather than using the multiplier/multiplicand method. It could be contended that, applying the pre-COVID guidance, the extraordinary nature of those uncertainties creates too many imponderables for assessment using the standard multiplier/multiplicand basis. Conversely, the same uncertainties may make it easier for claimants to obtain Smith v Manchester awards and in higher amounts than before.’
Ropewalk Personal Injury Blog, 3rd March 2021
Source: www.ropewalk.co.uk
‘The comparators for damages for unlawful deprivation of liberty of persons lacking mental capacity are few. In Essex County Council v RF & others [2015] EWCOP 1, DJ Mort made a distinction between procedural and substantive breaches and where he found the local authority ‘totally inadequate and their failings significant’, assessed monthly damages between £3000 – £4000 over a period of at least 13 months. In the case of Emile, DJ Beckley awarded damages against the London Borough of Haringey for a period of almost 8 years’ unlawful deprivation of liberty in the sum of £143,000.00. The local authority was granted permission, out of time, to appeal. The decision of HHJ Saggerson was handed down on 18 December 2020.’
Garden Court Chambers, 26th February 2021
Source: www.gardencourtchambers.co.uk
‘Details of the new SCT RTA Protocol[1] (“the Protocol”) which sits alongside the new whiplash tariff, as set out in The Whiplash Injury Regulations 2021 (“the Whiplash Regulations”) were announced at the end of February. They will come into force, alongside the accompanying changes to the Civil Procedure Rules, on 31 May 2021.’
12 King's Bench Walk, 3rd March 2021
Source: www.12kbw.co.uk
‘Agreements with third-party litigation funders are not damages-based agreements (DBAs), three Court of Appeal judges – albeit sitting in the Divisional Court – have decided.’
Litigation Futures, 8th March 2021
Source: www.litigationfutures.com
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