Category: damages

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

Posted August 13th, 2024 in chambers articles, damages, employment, expert witnesses, industrial injuries, news by tracey

‘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

Posted August 8th, 2024 in chambers articles, damages, landlord & tenant, leases, news, nuisance, rent, repairs, repossession by sally

‘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

Posted August 2nd, 2024 in damages, disability discrimination, disabled persons, equality, news, ombudsmen, teachers by michael

‘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

Posted July 31st, 2024 in chambers articles, damages, foreign jurisdictions, jurisdiction, negligence, news by sally

‘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 tracey

‘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 tracey

‘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 tracey

‘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

Posted July 15th, 2024 in assault, assisted suicide, damages, false imprisonment, freedom of expression, news, police, universities by tracey

‘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

Posted July 10th, 2024 in bullying, damages, employment tribunals, harassment, law firms, news, public interest, solicitors, unfair dismissal, whistleblowers by tracey

‘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 tracey

‘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

Posted July 10th, 2024 in bereavement, cancer, chambers articles, damages, doctors, hospitals, medical treatment, negligence, news, nurses by tracey

‘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

Posted July 10th, 2024 in bullying, chambers articles, damages, employment, equality, harassment, limitations, mental health, news, personal injuries, psychiatric damage by tracey

‘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

Posted July 8th, 2024 in charities, compensation, damages, employment, employment tribunals, holiday pay, news, redundancy, special educational needs, unfair dismissal by tracey

‘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

Posted July 1st, 2024 in complaints, damages, health & safety, housing, landlord & tenant, local government, news, repairs by tracey

‘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

Water companies win first stage of search providers’ overcharging claim – Legal Futures

Posted July 1st, 2024 in class actions, conveyancing, damages, news, water, water companies by tracey

‘Water companies have the upper hand after the first stage of a High Court claim brought by conveyancing search providers claiming to have been overcharged for a decade.’

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Legal Futures, 1st July 2024

Source: www.legalfutures.co.uk

Royal Mail owner faces £900m class action claim for ‘abusing dominant position’ – The Guardian

Posted June 21st, 2024 in class actions, competition, damages, news, postal service by michael

‘International Distribution Services (IDS) has been served with an £878m action by a newly formed company that said it represents an estimated 290,000 customers who claim they were overcharged as a result of Royal Mail’s behaviour.’

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The Guardian, 20th June 2024

Source: www.theguardian.com

Woman who sued therapist for sexual assault wins £217,000 damages – The Guardian

Posted June 20th, 2024 in damages, negligence, news, personal injuries, prosecutions, rape by sally

‘A woman who claimed she was raped by a therapist who said penetration could help ease her trauma has been awarded more than £200,000 in damages in a high court ruling after she sued him over the alleged assaults.’

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The Guardian, 19th June 2024

Source: www.theguardian.com