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

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

‘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 sally

‘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

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

‘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.’

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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.’

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Legal Futures, 9th August 2024

Source: www.legalfutures.co.uk

Disrepair claims in the County Court – Becket Chambers

‘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.’

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Becket Chambers, 22nd July 2024

Source: becket-chambers.co.uk

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

‘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.’

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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

‘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.’

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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.’

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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.’

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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 sally

‘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.’

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12 King's Bench Walk, 12th July 2024

Source: costsandlitigationfunding.com

Firm fined £10,000 for over-charging from damages – Law Society’s Gazette

Posted July 16th, 2024 in agreements, damages, fees, fines, law firms, news, Solicitors Regulation Authority by sally

‘A West Yorkshire firm has been fined by the regulator for charging personal injury clients higher fees than allowed under the rules on damages-based agreements.’

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Law Society's Gazette, 15th July 2024

Source: www.lawgazette.co.uk

Woman wins payout after boss coughed in her face during Covid pandemic – The Guardian

Posted July 16th, 2024 in coronavirus, damages, news, unfair dismissal, victimisation, Wales by sally

‘An employer has been told to pay more than £26,000 to a former worker for deliberately coughing in her face during the Covid pandemic.’

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The Guardian, 16th July 2024

Source: www.theguardian.com

Assisted dying researcher sues police over arrest – BBC News

‘A PhD student researching assisted dying is suing police for damages over her arrest after travelling with a woman from Wales who had doctors in Switzerland help to end her life.’

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BBC News, 12th July 2024

Source: www.bbc.co.uk

Trainee “bullied and unsupervised” in doing work of qualified lawyers – Legal Futures

‘A trainee solicitor fired for raising concerns about her lack of supervision and the poor service clients were receiving from her firm has been awarded damages of £36,000.’

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Legal Futures, 10th July 2024

Source: www.legalfutures.co.uk

In depth: Manchester Ship Canal and the right to sue over untreated sewage discharges – Law Society’s Gazette

Posted July 10th, 2024 in appeals, damages, negligence, news, sewerage, Supreme Court, waste, water, water companies by sally

‘The Supreme Court’s ruling that a canal owner can seek redress for unauthorised discharges of foul water by a sewage utility could open the floodgates to “thousands” of similar claims.’

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Law Society's Gazette, 9th July 2024

Source: www.lawgazette.co.uk

Two Defendants and a Part 20 contribution claim in a clinical negligence case – a look at Healey v McGrath and Ramsay Healthcare UK Operations Ltd [2024] EWHC 1360 (KB) – 12 King’s Bench Walk

‘Vanessa Cashman considers the judgment of the Part 20 claim brought by D2 against D1 for a contribution towards the claim it settled with C.’

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12 King's Bench Walk, 2nd July 2024

Source: clinicalnegligence.blog

Employment and personal injury case brought by trainee naval cadet struck out – 12 King’s Bench Walk

‘Robert Oldham, pupil barrister at 12 King’s Bench Walk, highlights the lessons for practitioners in Townsend v Corporation of Trinity House [2023] EWHC 3403 (KB), a claim for bullying and harassment that was struck out.’

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12 King's Bench Walk, 3rd July 2024

Source: pilawblog.com

Ex-charity workers still awaiting tribunal payout – BBC News

‘Former workers at a failed charity say they have not received any money despite being awarded significant sums at an employment tribunal.’

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BBC News, 8th July 2024

Source: www.bbc.co.uk

Fitness for human habitation claims – what are they worth? – Local Government Lawyer

‘Rhiannon Moody examines a recent case where damages were awarded over a council property that was unfit for human habitation.’

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Local Government Lawyer, 28th June 2024

Source: www.localgovernmentlawyer.co.uk