Solicitor fired after announcing pregnancy awarded £26k damages – Legal Futures

‘A solicitor has been awarded damages of £26,475 after her law firm withdrew an offer of promotion and four weeks later summarily dismissed her because she was pregnant’

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Legal Futures, 20th June 2024

Source: www.legalfutures.co.uk

Joey Barton to pay Jeremy Vine £75,000 after calling him a ‘bike nonce’ – The Guardian

Posted June 19th, 2024 in damages, defamation, internet, media, news, sport by sally

‘The former footballer and manager Joey Barton has issued a public apology on the social media site X and has agreed to pay £75,000 to Jeremy Vine, after a high court ruling that calling the broadcaster a “bike nonce” on social media was defamatory.’

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The Guardian, 18th June 2024

Source: www.theguardian.com

Amazon faces fresh CAT claims over marketplace practices – OUT-LAW.com

Posted June 17th, 2024 in class actions, competition, damages, news by tracey

‘Amazon faces two new class action-style claims in the UK over alleged anti-competitive practices that those bringing the claims say have negatively impacted third-party sellers that use the company’s online marketplace.’

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OUT-LAW.com, 17th June 2024

Source: www.pinsentmasons.com

Law firm fails with defamation claim over Trustpilot reviews – Legal Futures

Posted June 14th, 2024 in causation, damages, defamation, law firms, news by sally

‘A law firm has failed in a defamation action over negative reviews about it on Trustpilot, with the High Court ruling that it could not prove they caused any financial loss.’

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Legal Futures, 14th June 2024

Source: www.legalfutures.co.uk

Did you miss? Davies v Bridgend County Borough Council [2024] UKSC 15 – Gatehouse Chambers

‘The claim arose from the encroachment of Japanese knotweed from the appellant local authority’s (“LA”) land into the respondent’s garden. The respondent had purchased his property in 2004, after the encroachment of Japanese knotweed had begun. It was held that the LA could not be blamed for the encroachment at this time. An actionable tort of private nuisance however arose in 2013, when the local authority should have become aware of the risk of damage and loss of amenity to the respondent’s land as a result of information about Japanese knotweed which became publicly available at that time. The LA was held liable in private nuisance for having failed to prevent the encroachment between 2013 to 2018 when the LA implemented a reasonable and effective treatment programme.’

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Gatehouse Chambers, 28th May 2024

Source: gatehouselaw.co.uk

Fight the Power: Court of Appeal on share sale notices – David Lascelles & Alexander Bryant – Littleton Chambers

Posted June 12th, 2024 in appeals, chambers articles, damages, news, shareholders, warranties by sally

‘A contractual notice of claim for breach of warranty under an SPA set out a legally flawed measure of loss. The Particulars of Claim follow suit. Can the Particulars then be amended to plead the correct measure? Or is the deficient notice fatal to the whole claim?’

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Littleton Chambers, 24th May 2024

Source: littletonchambers.com

Defining “disability” in serious injury litigation – Exchange Chambers

Posted June 12th, 2024 in chambers articles, damages, disabled persons, news, personal injuries by sally

‘In catastrophic injury litigation, there is often no dispute about “disability”. However, for the category claimants who sustain life changing injuries but are able to return to work in some form, a key issue in the claim is likely to be whether they are “disabled” for the purposes of an Ogden calculation of future earning capacity.’

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Exchange Chambers, 20th May 2024

Source: www.exchangechambers.co.uk

Gary Glitter ordered to pay more than £500,000 to woman he abused – BBC News

Posted June 12th, 2024 in child abuse, children, damages, news, rape, sentencing, sexual offences, victims by sally

‘The paedophile former pop star Gary Glitter has been ordered by a high court judge to pay more than £500,000 in damages to one of the women he abused.’

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BBC News, 11th June 2024

Source: www.theguardian.com

Independent UK retailers claim £1bn damages against Amazon – The Guardian

Posted June 10th, 2024 in class actions, competition, damages, data protection, news by tracey

‘Independent UK retailers have launched the biggest ever retail class action with a £1bn claim for damages against Amazon, which they allege has been pushing them out of its online marketplace.’

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The Guardian, 7th June 2024

Source: www.theguardian.com

Woman left with stoma after traumatic birth – BBC News

‘A woman has been awarded more than £500,000 in compensation after childbirth left her with a permanent stoma and post-traumatic stress disorder (PTSD).’

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BBC News, 24th May 2024

Source: www.bbc.co.uk

Deaf man awarded £50,000 damages after mistreatment by jobcentre officials – The Guardian

‘A profoundly deaf man has been awarded £50,000 damages after a judge ruled he was subjected to a “character assassination” by hostile jobcentre officials, who refused to provide him with specialist help to find work.’

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The Guardian, 28th May 2024

Source: www.theguardian.com

Review of whiplash tariff concluded – but may not be published – Legal Futures

‘The Lord Chancellor has completed his review of the whiplash tariff but it is unclear whether the plan to publish it in early June will now happen because of the election.’

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Legal Futures, 24th May 2024

Source: www.legalfutures.co.uk

Council not liable for Japanese knotweed damage – OUT-LAW.com

Posted May 20th, 2024 in appeals, causation, damages, local government, news, nuisance, Supreme Court by tracey

‘A recent UK Supreme Court ruling clearly sets out the parameters of the law of private nuisance claims in the context of Japanese knotweed, clarifying the nature and extent of evidence needed to enable a claim to succeed, an expert has said.’

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OUT-LAW.com, 17th May 2024

Source: www.pinsentmasons.com

Small Data: damage, distress and the development of a new type of claim – Law Pod UK

‘Jasper Gold of 1 Crown Office Row joins Lucy McCann to explore “small data” claims, where data and personal injury law intersect.’

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Law Pod UK, 15th May 2024

Source: audioboom.com

Premier League club boss wins anonymity in child sex abuse civil case – BBC News

Posted May 10th, 2024 in anonymity, child abuse, children, civil justice, damages, news, sexual offences, sport by sally

‘A Premier League boss has been granted a High Court anonymity order in a civil case against him for allegedly sexually abusing a 15-year-old girl.’

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BBC News, 9th May 2024

Source: www.bbc.co.uk

Housing conditions quantum – another County Court decision – Nearly Legal

Posted May 7th, 2024 in damages, landlord & tenant, news, repairs by tracey

‘Engmann v The London Borough of Lambeth (Wandsworth County Court, 17 April 2024). Engmann was Lambeth’s secure tenant since October 2018. Since the start of the tenancy there had been damp and mould due to defects to external brickwork and a failed damp proof course. In December 2022, a leak started at the property, causing the collapse of the living room ceiling a month later. A month after that, the electrics failed and the tenant was without electricity for 6 weeks. The issues continued, with ongoing problems withe the electrics.
The tenant issued a claim for damages and works in February 2023. In March 2023, by consent order, Lambeth agreed to provide the tenant with decant accommodation from early April 2023, and to complete works by May 2023.’

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Nearly Legal, 6th May 2024

Source: nearlylegal.co.uk

The Supreme Court hands down definitive guidance on calculating damages in ‘mixed’ claims: Hassam & Anor v Rabot & Anor [2024] UKSC 11 – 7BR

‘On 31 May 2021, the Whiplash Injury Regulations 2021 (SI 2021/642) came into force, transforming the landscape for personal injury claimants with whiplash injuries in motor vehicle accidents. For claims accruing after that date, the regulations limited the recoverable damages for pain, suffering, and loss of amenity (‘PSLA’) to amounts set out in a tariff.’

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7BR, 5th April 2024

Source: www.7br.co.uk

Court of Appeal rules damages may be awarded for imminent inhuman treatment caused by unlawful No Recourse to Public Funds Policy – Landmark Chambers

Posted May 2nd, 2024 in asylum, benefits, chambers articles, damages, human rights, immigration, news by sally

‘The Court of Appeal today handed down an important judgment concerning the availability of damages under section 8 of the Human Rights Act 1998. The case confirms that damages can be awarded where a person is subjected to a system that puts them at an imminent risk of inhuman or degrading treatment without having to prove that the victim did in fact suffer inhuman or degrading treatment contrary to article 3 ECHR. I set out below a summary of what the case decided and some thoughts on its implications.’

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Landmark Chambers, 18th April 2024

Source: www.landmarkchambers.co.uk

Trauma-informed lawyering in the context of civil claims for sexual violence – Journal of Law and Society

Posted May 1st, 2024 in civil justice, compensation, damages, news, sexual offences, victims by sally

‘Over the last decade, there has been an increase in civil compensation claims for sexual violence in the United Kingdom (UK). Given that trauma-informed approaches have been called for in relation to legal responses to sexual violence, we put forward seven key principles of trauma-informed lawyering in this context and draw on interviews with UK-based civil lawyers who represented sexual violence survivors to explore the extent to which trauma-informed work is taking place. While we found that our sample of lawyers typically had a very good knowledge of sexual violence and the trauma that it can cause, there was less certainty about how to accommodate the impacts in practice. Moreover, there was a tendency to prioritize individual healing and medicalize a form of social injustice. We conclude by emphasizing the need for legal training and education on a trauma-informed approach that accounts for the social and political dimensions of sexual violence and trauma.’

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Journal of Law and Society, 29th April 2024

Source: onlinelibrary.wiley.com

Negligence in football: A claim of two halves – UK Human Rights Blog

Posted May 1st, 2024 in accidents, damages, negligence, news, personal injuries, podcasts, sport by sally

‘Football fans everywhere will be familiar with reckless tackles, whether from their own Sunday league experience or as followers of the professional game. But when will a tackle amount to negligence and be actionable in a civil court, such that an injured player can sue their opponent?’

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UK Human Rights Blog, 30th April 2024

Source: ukhumanrightsblog.com