Supreme Court: clients must agree specific costs deductions – Legal Futures

Posted October 25th, 2024 in appeals, costs, damages, fees, law firms, news, solicitors, Supreme Court by sally

‘Solicitors cannot deduct their costs from a client’s damages without their agreement to the precise amount, the Supreme Court ruled today.’

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Legal Futures, 23rd October 2024

Source: www.legalfutures.co.uk

Court of Appeal refuses certification challenge in Gormsen v Meta – OUT-LAW.com

‘The Court of Appeal in London has dismissed arguments that the Competition Appeal Tribunal (CAT) erred in law by permitting an “unfair pricing” argument and in its assessment of the “unfair trading conditions” argument.’

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OUT-LAW.com, 23rd October 2024

Source: www.pinsentmasons.com

Court rules that claims survive despite personal injury dishonesty – Law Society’s Gazette

Posted October 21st, 2024 in accidents, damages, deceit, false imprisonment, news, personal injuries by tracey

‘The courts have served up further signs that lying on a personal injury claim is not to be treated as the death knell for other heads of loss.’

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Law Society's Gazette, 21st October 2024

Source: www.lawgazette.co.uk

Damages as an adequate remedy in Employee Competition claims – Blackstone Chambers

Posted October 18th, 2024 in chambers articles, competition, damages, employment, injunctions, news by sally

‘Much ink will be spilt over the Supreme Court’s decision in Tesco Stores v USDAW [2024] UKSC 28 relating to an implied contractual term preventing Tesco from firing (and then rehiring) employees in order to remove guaranteed retained pay, and consequential injunctive relief to prevent the same. Here, I consider only one issue from that decision that impacts on applications for injunctions in the employee competition sphere: the question of damages as an adequate remedy.’

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Blackstone Chambers, 23rd September 2024

Source: www.employeecompetition.com

Wormleighton: Product liability litigation against Cape – Asbestos Law Blog, 12 King’s Bench Walk

Posted October 16th, 2024 in asbestos, cancer, chambers articles, compensation, damages, news by tracey

‘Just before the summer break Mrs Justice Hill handed down judgment in an application where four claimants (two living mesothelioma and two fatal mesothelioma claims) sought an order that their claims be consolidated and tried on liability together. This was sought, and granted pursuant to CPR 3.1(2)(g).’

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Asbestos Law Blog, 17th September 2024

Source: asbestoslawblog.uk

Manchester City’s tribunal verdict: the key questions answered – The Guardian

Posted October 8th, 2024 in competition, damages, loans, news, shareholders, sport by sally

‘Champions are claiming success over Premier League and we look at what the ruling means and possible ramifications.’

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The Guardian, 8th October 2024

Source: www.theguardian.com

Verdict reached in Man City’s first legal case with Premier League – latest news – Daily Telegraph

Posted October 7th, 2024 in competition, damages, loans, news, shareholders, sport by michael

‘Manchester City are claiming victory in their landmark legal battle with the Premier League over the associated-party transaction (APT) rules that govern commercial spending by state and multi-club ownerships.’

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Daily Telegraph, 7th October 2024

Source: www.telegraph.co.uk

Chris Packham ‘forced to pay £200,000 to pensioner’ after libel case – Daily Telegraph

Posted October 7th, 2024 in costs, damages, defamation, news by michael

‘Chris Packham has been forced to pay £200,000 to a pensioner and country sportsman he was accused of pursuing ‘vindictively” through the courts, it has been claimed.’

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Daily Telegraph, 5th October 2024

Source: www.telegraph.co.uk

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

‘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.’

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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

‘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.’

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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

‘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.’

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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.’

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Gatehouse Chambers, 7th August 2024

Source: gatehouselaw.co.uk

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

‘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.’

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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

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

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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.’

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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

‘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.’

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Law Society's Gazette, 3rd September 2024

Source: www.lawgazette.co.uk

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

‘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.’

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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.’

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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.’

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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

‘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.’

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Gatehouse Chambers, 22nd July 2024

Source: gatehouselaw.co.uk