‘Britain’s equality watchdog has criticised British airlines and British Airways (BA) in particular – for their treatment of disabled customers as legal action is taken by an actor over alleged damage to her wheelchair.’
The Guardian. 13th June 2016
Source: www.guardian.co.uk
‘Some county court cases reported in the indispensable ‘Housing: Recent Developments’ in Legal Action for May 2016. Cases involve introductory tenancies, deposits, harassment and illegal eviction.’
Nearly Legal, 12th June 2016
Source: www.nearlylegal.co.uk
Staffordshire County Council v K and others [2016] EWCOP 27
‘An incapacitated adult (“K”), who had been severely injured in a road traffic accident, was awarded substantial damages in court proceedings which were used by his property and affairs deputy, a private trust corporation, to provide a specially adapted residence and to fund the regime of care and support provided by private sector providers. The local authority, having been informed of the arrangements for K’s care and the arrangements having been registered with the Care Quality Commission, applied to the Court of Protection for a welfare order under section 16 of the Mental Capacity Act 2005. The parties accepted that the arrangements constituted a deprivation of liberty satisfying two of three components of a deprivation of liberty within article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, but the Secretary of State contended that the third component, namely the attribution of responsibility to the state, did not apply to the privately funded and arranged care regime (and to others in an equivalent position), so that the care regime could lawfully be put in place without a welfare order being made under the Act.’
WLR Daily, 25th May 2016
Source: www.iclr.co.uk
‘The new rules limiting the recovery of the costs of civil court action to a “proportionate” amount may prevent successful parties from recovering costs that would otherwise have been reasonable, a senior costs judge has confirmed.’
OUT-LAW.com, 7th June 2016
Source: www.out-law.com
‘An easement is appurtenant to land and not a personal right of the owner. As such, the easement can be exercised by anyone who is entitled to use the land and it can be enforced by anyone in possession of the land.’
Tanfield Chambers, 31st May 2016
Source: www.tanfieldchambers.co.uk
‘In his 2015 autumn statement the Chancellor of the Exchequer, the Rt. Hon George Osborne MP, announced that to make it “harder for people to claim compensation for exaggerated or fraudulent whiplash claims, the government is ending the right to cash compensation”.[1] The proposal will remove the right of individuals to claim ‘general damages’ for minor whiplash injuries, compensation for injury, pain and suffering. However, the victims of such injury will still have the right to claim compensation for financial losses such as the costs of medical treatment or loss of earnings.’
Cloisters, 24th May 2016
Source: www.cloisters.com
‘Arguments concerning the indexation of periodical payments orders triggered many more cases than usual being tried out after 2005 on numerous heads of damage. Further cases followed after the issue of indexation was decided, leading to the landmark decision in Whiten (2011). In late 2014/2015 there has been a further spate of reported cases driven by the NHS LA. James Rowley QC brings together the judgments so that trends in awards in the most serious litigation can be identified.’
Byrom Street Chambers, 24th May 2016
Source: www.byromstreet.com
‘There is a rare example of a successful challenge to an OFSTED nursery inspection in R ota Old Co-operative Day Nursery Ltd v OFSTED [2016] EWHC 1126, handed down last week, which can be found here.’
Education Blog, 1st June 2016
Source: www.education11kbw.com
‘In the first judgment of its kind since the suspension of the Detained Fast Track on 2 July 2015, the High Court struck down the Home Secretary’s refusal and certification of an asylum claim which was made in the structurally unfair and unjust Detained Fast Track (DFT) and ordered the Home Secretary to remake the decision afresh without regard to material obtained in the unfair process. The case is R (on the application of Zafar) v The Secretary of State for the Home Department [2016] EWHC 1217 (Admin).’
Free Movement, 25th May 2016
Source: www.freemovement.org.uk
‘In a decision handed down last week in English Heritage v Taylor [2016] EWCA Civ 448 the Court of Appeal upheld a first instance decision of a finding of breach of duty under section 2 of the Occupier’s Liability Act 1957 and a finding of 50% contributory negligence against the claimant. The issues centred around what was an obvious danger.’
Zenith PI Blog, 20th May 2016
Source: www.zenithpi.wordpress.com
‘A woman is taking the government to court for breaching her human rights in denying her bereavement damages after her partner died.’
BBC News, 22nd May 2016
Source: www.bbc.co.uk
‘A defendant cannot withdraw an admission of liability because the value of a claim has increased, the High Court has ruled.’
Litigation Futures, 19th May 2016
Source: www.litigationfutures.com
‘A High Court judge has ordered a county council to pay £17,500 in damages to a 14-year-old girl in care for breaches of her human rights.’
Local Government Lawyer, 17th May 2016
Source: www.localgovernmentlawyer.co.uk
‘The NHS Litigation Authority (NHSLA) has been ordered by the High Court to pay indemnity costs after sending a last-minute surveillance video to the claimant’s lawyers which resulted in a trial being vacated.’
Litigation Futures, 16th May 2016
Source: www.litigationfutures.com
‘Bank Mellat’s challenge to the Treasury’s direction under the Counter-Terrorism Act 2008 has been before the courts on a number of occasions. In 2009, the Treasury had concluded that the Bank had connections with Iran’s nuclear and ballistic missile programme. In 2013, the Supreme Court quashed the direction, which had stopped any institution in London from dealing with the Bank.’
UK Human Rights Blog, 11th May 2016
Source: www.ukhumanrightsblog.com
‘A group of military personnel are seeking damages from the Ministry of Defence over an anti-malarial drug they say has caused mental health problems.’
BBC News, 11th May 2016
Source: www.bbc.co.uk
‘Leading construction firms have formally apologised to hundreds of trade unionists for putting them on an illegal blacklist and denying them work.’
The Guardian, 11th May 2016
Source: www.guardian.co.uk
‘About £10m will be paid in compensation to more than 250 building workers who were “blacklisted” by some of Britain’s biggest construction firms under a settlement to be announced on Monday.’
The Guardian, 9th May 2016
Source: www.guardian.co.uk
‘Justice minister Lord Faulks today indicated that there will be no retreat on far-reaching and controversial plans to reform the personal injury sector.’
Law Society’s Gazette, 4th May 2016
Source: www.lawgazette.co.uk
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