Category: damages

EXE v Governors of the Royal Naval School [2020] EWHC 596 QB – 39 Essex Chambers

Posted April 24th, 2020 in causation, chambers articles, child abuse, children, criminal records, damages, employment, limitations, negligence, news, school children, vicarious liability by sally

‘The Defendants employed a 30 year old man “Hughes” as a kitchen porter from 15 October 1990 to 10 July 1991 at their school for girls. He was provided with accommodation on the school premises. The Defendants were not aware that Hughes had a criminal record, including offences of indecent assault on a female and unlawful sexual intercourse with a girl under the age of 15. Had the Defendants been aware of these convictions, Hughes would not have been offered employment.’

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39 Essex Chambers, 22nd April 2020

Source: www.39essex.com

Commercial Court refuses split liability and quantum trial in cartel competition damages claim which included a ‘follow on claim’ (Daimler AG v Walleniusrederierna Aktiebolag) – Henderson Chambers

Posted April 22nd, 2020 in chambers articles, Commercial Court, competition, damages, news by sally

‘Bryan J refused an application for a split trial in a partial follow-on cartel competition claim. Even though part of the claims were standalone, it was always going to be difficult to persuade the court into a split trial (liability and quantum) where the follow-on claims require no liability findings. Written by Adam Heppinstall, barrister, at Henderson Chambers.’

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Henderson Chambers, 16th April 2020

Source: www.hendersonchambers.co.uk

Whiplash reforms delayed until April 2021 – Legal Futures

Posted April 22nd, 2020 in accidents, coronavirus, damages, delay, news, personal injuries, road traffic by sally

‘The whiplash reforms have been delayed until April 2021 due to the coronavirus crisis, the Lord Chancellor announced today.’

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Legal Futures, 21st April 2020

Source: www.legalfutures.co.uk

Tribunal “incredulous” after firm secretary ends up in client’s will – Legal Futures

Posted April 21st, 2020 in damages, employment, employment tribunals, law firms, news, professional conduct, solicitors, unfair dismissal, wills by sally

‘An employment tribunal has expressed its “incredulity” at the way a solicitor’s former secretary befriended one of his clients and ended up in the client’s will.’

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Legal Futures, 21st April 2020

Source: www.legalfutures.co.uk

Clinical Negligence: Birth Injury Claim – Park Square Barristers

Posted April 20th, 2020 in birth, chambers articles, children, compensation, damages, hospitals, negligence, news, personal injuries, pregnancy by sally

‘Clinical negligence litigation continues apace as Simeon Maskrey QC, sitting as a Deputy High Court Judge, handed down Judgment last week in a clinical negligence birth injury case (severe neuro-disability consequent upon an acute near total hypoxic-ischaemic insult) following a two-week trial which concluded early last month. This case highlights the ever-increasing importance placed on a patient’s right to autonomy in the decision-making process and the need to ensure that any information provided, including as to the risks to themselves and their baby, is properly understood and appreciated (Montgomery v Lanarkshire Health Board [2015] UKSC 1 considered).’

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Park Square Barristers, 16th April 2020

Source: www.parksquarebarristers.co.uk

What Does Happen When a CFA Ends Before the Claim for Damages Ends? – Hardwicke Chambers

Posted April 20th, 2020 in appeals, chambers articles, contracts, damages, news, part 36 offers by sally

‘The Appellant (‘Mrs Butler’) entered into a CFA with the Respondent solicitors, (‘Bankside’) in respect of a claim for damages against one company, Metris, for termination of a commercial agency.’

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Hardwicke Chambers, 15th April 2020

Source: hardwicke.co.uk

Whittington Hospital NHS Trust v XX [2020] UKSC 14 – Old Square Chambers

Posted April 20th, 2020 in appeals, cancer, chambers articles, damages, hospitals, negligence, news, Supreme Court, surrogacy by sally

‘The Respondent (X) had been rendered infertile due to the trust’s negligence. Liability was admitted.’

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Old Square Chambers, 8th April 2020

Source: www.oldsquare.co.uk

Noise Induced hearing loss: De minimis, the better hearing ear and acceleration injuries – Parklane Plowden

Posted April 20th, 2020 in chambers articles, damages, employment, industrial injuries, news, noise, personal injuries by sally

‘This article will discuss the first instance decision of DJ Adams in the case of French v Secretary of State for Business, Energy and Industrial Strategy heard in Newcastle County Court on noise-induced hearing loss.’

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Parklane Plowden, 1st April 2020

Source: www.parklaneplowden.co.uk

Morrison: It May Not Be Over Yet: Vicarious Liability Explained by the Supreme Court (Liability of Joint Controllers Unaffected) – The 36 Group

Posted April 17th, 2020 in appeals, damages, data protection, employment, news, Supreme Court, vicarious liability by sally

‘In Morrison the Supreme Court was at pains to re-state and explain a previous judgment on an employer’s vicarious liability for employees that had been misinterpreted and misapplied both at trial and in the Court of Appeal. What was not examined at any level was the primary liability of joint data controllers, as regulated by the General Data Protection Regulation. This article looks at what the Supreme Court said about vicarious liability and the position of joint controllers.’

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The 36 Group, 14th April 2020

Source: 36group.co.uk

Delimiting Vicarious Liability in the Context of Independent Contractors – 12 King’s Bench Walk

Posted April 17th, 2020 in chambers articles, contracting out, damages, doctors, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘The law around vicarious liability has been “on the move” since at least the 2012 landmark decision of the Supreme Court in Various Claimants v Catholic Child Welfare Society [2012] UKSC 56 (the “Christian Brothers case”). However, after years of expansion, the Supreme Court has now held in Barclays Bank plc v Various Claimants [2020] UKSC 13 that liability will not always be imposed for the acts of an independent contractor.’

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12 King's Bench Walk, 3rd April 2020

Source: www.12kbw.co.uk

Vicarious Liability – the move is over – Hailsham Chambers

Posted April 17th, 2020 in appeals, chambers articles, damages, data protection, doctors, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘On 1 April 2020, the Supreme Court handed down judgment in two conjoined Vicarious Liability cases: WM Morrisons Supermarkets plc v Various Claimants [2020] UKSC 12 and Barclays Bank plc v Various Claimants [2020] UKSC 13. In this article, Michael Patrick reviews those judgments and considers their impact on the law of Vicarious Liability.’

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Hailsham Chambers, 9th April 2020

Source: www.hailshamchambers.com

The Use of Statistical Evidence in Clinical Negligence Cases – 39 Essex Chambers

Posted April 17th, 2020 in appeals, causation, chambers articles, damages, negligence, news, statistics by sally

‘Can a claimant in a clinical negligence claim who is unable to prove the precise mechanism by which a positive outcome would have been achieved still succeed on causation? Yes, held the Court of Appeal in Schembri v Marshall[1]. The judgment also provides a useful summary of authorities dealing with the use of statistics for causation purposes in clinical negligence cases.’

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39 Essex Chambers, 8th April 2020

Source: www.39essex.com

Court overturns £39k order against solicitor for unpaid medical fees – Law Society’s Gazette

Posted April 15th, 2020 in appeals, damages, expert witnesses, fees, news, solicitors by sally

‘A law firm owner has successfully challenged a court order to pay a personal injury diagnosis provider around £39,000 for unpaid fees.’

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Law Society's Gazette, 14th April 2020

Source: www.lawgazette.co.uk

High Court rejects attempt to adjourn £250m trial because of virus – Litigation Futures

Posted April 14th, 2020 in adjournment, administrators, coronavirus, damages, insolvency, liquidators, live link evidence, news by sally

‘The High Court has rejected an application to adjourn a five-week trial of a £250m insolvency claim because of the coronavirus pandemic.’

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Litigation Futures, 9th April 2020

Source: www.litigationfutures.com

EP 106: Vicarious Liability – Robert Kellar QC & Isabel McArdle – Law Pod UK

Posted April 9th, 2020 in banking, damages, data protection, doctors, employment, news, sexual offences, vicarious liability by sally

‘Robert Kellar QC and Isabel McArdle of 1 Crown Office Row discuss with Rosalind English the latest Supreme Court rulings rejecting the liability of Barclays Bank for the wrongdoings of an independent contractor, on the one hand, and the liability of Morris’s Supermarket for the breach of data protection laws by one of its employees, on the other. Are enterprises to be shielded from the risks created by persons they commission to perform certain tasks?’

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Law Pod UK, 9th April 2020

Source: audioboom.com

Vicarious liability — the new boundary dispute – UK Human Rights Blog

Posted April 7th, 2020 in appeals, banking, class actions, damages, doctors, employment, human rights, news, professional conduct, sexual offences, Supreme Court, vicarious liability by sally

‘In the Christian Brothers case Lord Phillips of famously declared that “the law of vicarious liability is on the move”. The recent decision of the Supreme Court in Barclays Bank v. Various Claimants [2020] UKSC 13 has brought that movement to a juddering halt. The question posed by the appeal was a simple one. Is it possible to be vicariously liable for the acts of a self-employed ‘independent contractor’? The answer the Court gave in this case was ‘no’.’

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UK Human Rights Blog, 3rd April 2020

Source: ukhumanrightsblog.com

Supreme Court holds hospital liable for commercial surrogacy — William Edis QC – UK Human Rights Blog

Posted April 7th, 2020 in appeals, cancer, damages, hospitals, human rights, negligence, news, pregnancy, Supreme Court, surrogacy by sally

‘The Supreme Court has held that a defendant hospital trust must pay for the cost of a commercial surrogacy arrangement abroad despite such arrangements being unlawful in the UK.’

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UK Human Rights Blog, 3rd April 2020

Source: ukhumanrightsblog.com

Court rejects “fanciful” conveyancing negligence claim – Legal Futures

Posted April 7th, 2020 in conveyancing, damages, duty of care, law firms, negligence, news, roads by sally

‘The High Court has rejected a “fanciful” £600,000 conveyancing negligence claim against the law firm Gateley, based on an error admitted by the firm.’

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Legal Futures, 6th April 2020

Source: www.legalfutures.co.uk

New Judgment: Whittington Hospital NHS Trust v XX [2020] UKSC 14 – UKSC Blog

Posted April 6th, 2020 in appeals, cancer, damages, hospitals, negligence, news, pregnancy, Supreme Court, surrogacy by sally

‘The claimant in this case had a number of cervical smear tests carried out. Each test was negligently reported to the effect that the hospital failed to detect her cervical cancer, leaving her infertile. Before having chemo-radiotheraphy, the claimant had 8 eggs collected and frozen. She sought to have four children and her preference was for surrogacy arrangements in California on a commercial basis. The present appeal concerned the damages payable for the loss of her ability to have her own child. The High Court had dismissed the claimant’s claim for commercial surrogacy in California as contrary to public policy, and held that surrogacy using donor eggs was not restorative of the claimant’s fertility but allowed damags for own-egg surrogacies in the UK. The Court of Appeal found in favour of the claimant. The hospital appealed to the Supreme Court.’

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UKSC Blog, 1st April 2020

Source: ukscblog.com

New Judgment: Barclays Bank Plc v Various Claimants [2020] UKSC 13 – UKSC Blog

Posted April 6th, 2020 in appeals, banking, class actions, damages, doctors, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘In this appeal, the Supreme Court is asked to decide whether Barclays Bank is vicariously liable for sexual assaults allegedly committed between 1968 and about 1984 by the late Dr Gordon Bates. Dr Bates was a self-employed medical practitioner with a portfolio practice. His work included conducting medical assessments and examinations of prospective Barclays employees. Barclays required job applicants to pass a pre-employment medical examination as part of its recruitment and employment procedures.’

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UKSC Blog, 1st April 2020

Source: ukscblog.com