‘The Civil Procedure Rule Committee last week put off approving the rules for the new whiplash portal until next month, it is understood, making the April start-date all-but impossible.’
Legal Futures, 10th February 2020
Source: www.legalfutures.co.uk
‘A bodybuilder who claimed an accident left him scared of heights was exposed when a video emerged of him careering down Europe’s highest waterslide.’
BBC News, 6th February 2020
Source: www.bbc.co.uk
‘HHJ Freedman, the Designated Civil Judge in Newcastle, had to grapple with this in the case of Mitchell v Precis 548 Ltd [2019] EWHC 3314 (QB). HHJ Freedman had to decide whether to accede to the request of a First Defendant in the proceedings as to whether to vacate a trial 2 days before it was due to start.’
Parklane Plowden, 24th January 2020
Source: www.parklaneplowden.co.uk
‘The court provided a closely reasoned judgment granting Network Rail’s application to lift the automatic suspension which arose on issue of a procurement challenge by Alstom pursuant to Regulation 110 of the Utilities Contracts Regulations 2016 (SI 2016/274). The court’s approach and the principles that it employed are likely to be equally applicable to an application to lift the automatic suspension under the Public Contracts Regulations 2015 (SI 2015/102). As the court found that damages would be an adequate remedy for Alstom but not an adequate remedy for Network Rail, Network Rail’s application was granted. Written by Jonathan Lewis, barrister, at Henderson Chambers.’
Henderson Chambers, 9th January 2020
Source: www.hendersonchambers.co.uk
‘A repudiatory breach of a contract (or a renunciation) can be a powerful weapon in the hands of the innocent party to the contract – it gives them a choice:
– Affirm the contract – keep it ongoing, sue for specific performance of whatever contractual obligation the other party has breached, and/or claim damages suffered as a result of the breach; or
– Accept the repudiation – bring the contract to an end, discharging both parties from further performance, and claim damages for loss occasioned by the termination.’
Wilberforce Chambers, 8th January 2020
Source: www.wilberforce.co.uk
‘Knowing when and how an insurer’s rights should be reserved is a key skill for anyone involved in handling insurance claims. Listen to this podcast to hear Alison Padfield QC’s thoughts on this controversial issue, together with an outline of the new legislation on damages for late payment of claims by insurers – and why she thinks the two topics might be linked.’
4 New Square, 14th January 2020
Source: www.4newsquare.com
‘Litigants do not owe a duty of care to their opponents, the Court of Appeal has made clear.’
Litigation Futures, 18th December 2019
Source: www.litigationfutures.com
‘Anna Turley libel trial: Former Labour MP wins £75,000 damages.’
BBC News, 19th December 2019
Source: www.bbc.co.uk
‘Will Lady Hale change her mind, 17 years on? On 16 and 17 December 2019 a panel presided over by Lady Hale will decide whether or not the Court of Appeal were correct last year in not following an earlier judgment of Lady Hale in a 2002 case concerning recovery of damages for the costs of surrogacy.’
UKSC Blog, 16th December 2019
Source: ukscblog.com
‘A British couple have won nearly £120,000 in damages following a landmark discrimination case after they were told they could not adopt a “white child” because of their Indian heritage.’
Daily Telegraph, 6th December 2019
Source: www.telegraph.co.uk
‘The Planning Board at the Royal Borough of Greenwich has removed a clause from a s106 agreement that was intended to restrict future occupants of a housing development from pursuing claims for nuisance or damages over noise, after receiving legal advice suggesting it was unlawful.’
Local Government Lawyer, 27th November 2019
Source: www.localgovernmentlawyer.co.uk
‘Regency (UK) Ltd v (1) Hussein Ali Hadi Albu-Swalin (2) Heartland Property Ltd (2019) QBD (Chamberlain J) 18/11/2019. Regency had let flats to Heartland on the basis that Heartland would sublet to occupiers. Heartland sublet a flat to Mr Albu-Swalin in 2015. Mr A-S reported defects to the condition of the property. Heartland then served a ‘notice to quit’, which was not effective as a s.21, as it did not give two months notice. Mr A-S did not leave. The locks to the flat were then changed, excluding Mr A-S and his son. Most of Mr A-S’ belongings were not recovered.’
Nearly Legal, 24th November 2019
Source: nearlylegal.co.uk
‘A transplant patient died after a surgeon failed to disclose he had spilt stomach contents on organs which went on to be used in NHS operations.’
BBC News, 21st November 2019
Source: www.bbc.co.uk
‘The Supreme Court will today hand down its eagerly-awaited ruling on the principle of full compensation as part of a negligence claim against solicitors.’
Law Society's Gazette, 20th November 2019
Source: www.lawgazette.co.uk
‘This is a rather odd case concerning possession of a farmhouse in the Forest of Dean. It had been first occupied by the defendant’s mother and step father in 1993. The terms of this were in dispute, but the rent was £155 and the step-father was to undertake repairs and maintenance to the property. The step-father did carry out some repairs, but he moved out in 2002, visiting and leaving some possessions there thereafter. The mother moved out in 2006. Various other family and friends lived at the property in subsequent years. The defendant had rented and bought property of his own, but took on repairs to the farmhouse and regarded it as his family home.’
Nearly Legal, 17th November 2019
Source: nearlylegal.co.uk
‘Thousands of shareholders in Lloyds Banking Group have lost a multimillion pound legal battle against the bank over its takeover of HBOS at the height of the global financial crisis.’
The Guardian, 15th November 2019
Source: www.theguardian.com
‘A circuit judge was wrong to find that an employer’s liability claim automatically exited the pre-action protocol because the defendent challenged the late service of evidence at the stage 3 hearing, the Court of Appeal has ruled.’
Litigation Futures, 14th November 2019
Source: www.litigationfutures.com
‘A losing party has been ordered to pay an extra £65,000 after declining to settle a case over a difference amounting to less than £5,000.’
Law Society's Gazette, 15th November 2019
Source: www.lawgazette.co.uk
‘In the recent case of Orexim Trading Ltd v Mahavir Port and Terminal Private Ltd (Costs) [2019] EWHC 2338 (Comm), Christopher Hancock QC (sitting as a judge of the High Court) made an order against the defendant for payment of costs on account in the event that the defendant failed to comply with an ‘unless order’. Orexim followed the approach of Mr Justice Coulson (as he then was) in Bruce MacInnes v Hans Thomas Gross [2017] EWHC 127 (QB).’
Law Society's Gazette, 11th November 2019
Source: www.lawgazette.co.uk
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