Category: damages

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

Quantifying whiplash and non-whiplash injuries in RTA claims – Becket Chambers

Posted April 30th, 2024 in chambers articles, damages, news, personal injuries, road traffic, Supreme Court by sally

‘The Supreme Court recently considered the correct approach to quantum of general damages for PSLA in claims concerning whiplash and non-whiplash injuries.’

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Becket Chambers, 5th April 2024

Source: becket-chambers.co.uk

In brief: High Court gives guidance on “substantial injustice” exception to rules on fundamental dishonesty in personal injury claims – Exchange Chambers

Posted April 30th, 2024 in chambers articles, damages, fundamental dishonesty, news, personal injuries by sally

‘The decision of Ritchie J in Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 gives, for the first time, judicial guidance on how the courts will apply the “substantial injustice” exception to the statutory rules on fundamental dishonesty. The case is also of interest for its clarification of when and how defendants should plead fundamental dishonesty.’

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Exchange Chambers, 12th April 2024

Source: www.exchangechambers.co.uk

JCT D&B contract 2024 clarifies treatment of liquidated damages at termination – OUT-LAW.com

Posted April 29th, 2024 in construction industry, contracts, damages, delay, news by sally

‘The recently published update by the Joint Contracts Tribunal (JCT) clarifies treatment of liquidated damages at termination and brings the new design and build form in line with other contract types used within the UK construction sector, an expert has said.’

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OUT-LAW.com, 26th April 2024

Source: www.pinsentmasons.com

Woman raped by father wins payout as police finally admit mistakes in four-decade battle for justice – The Independent

Posted April 29th, 2024 in child abuse, children, compensation, damages, families, human rights, imprisonment, news, police, rape, sentencing, sexual offences by sally

‘A woman who was raped by her father has hit out at a catalogue of misogynistic police failings during her four-decade-long fight for justice.’

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The Independent, 28th April 2024

Source: www.independent.co.uk

Met police to pay ‘five-figure sum’ to French publisher arrested under anti-terror laws – The Guardian

Posted April 29th, 2024 in damages, demonstrations, false imprisonment, France, misfeasance in public office, news, police, statistics, terrorism by sally

‘A French publisher who was arrested in London on terrorism charges has been awarded “substantial” damages by the Metropolitan police, as new figures reveal thousands of foreign nationals have been stopped at UK ports under anti-terror laws.’

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The Guardian, 29th April 2024

Source: www.theguardian.com

Substantial injustice – where are we now? – 39 Essex Chambers

Posted April 26th, 2024 in accidents, chambers articles, compensation, damages, deceit, fundamental dishonesty, news, personal injuries, psychiatric damage by sally

‘In Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB), Ritchie J found that, despite the Claimant having sustained serious injuries, which would have warranted damages of almost £600,000, that she had been fundamentally dishonest. This resulted in the entirety of her claim being dismissed under s57 of the Criminal Justice & Courts Act 2015 (‘CJCA 2015’).’

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39 Essex Chambers, 16th April 2024

Source: www.39essex.com

Laurence Fox ordered to pay £180,000 to two people he called ‘paedophiles’ – The Guardian

Posted April 26th, 2024 in damages, defamation, internet, news, racism by sally

‘The actor and rightwing activist Laurence Fox has been ordered to pay £90,000 each in damages to two people he libelled by referring to them as “paedophiles” on social media.’

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The Guardian, 25th April 2024

Source: www.theguardian.com

The Post Office: Disclosure Lessons from a National Scandal – Guildhall Chambers

Posted April 24th, 2024 in appeals, chambers articles, compensation, computer programs, damages, disclosure, fraud, miscarriage of justice, news, postal service, prosecutions, theft by sally

‘An estimated 736 people were prosecuted by the Post Office between 2000 and 2014, Horizon software having been first introduced in 1999, and responsibility for prosecutions, in all but exceptional cases, being handed over to the Crown Prosecution Service in 2014. Many of those prosecuted were imprisoned, 4 committed suicide and all faced the stigma and stress of criminal prosecution. The Court of Appeal in Hamilton v Post Office Limited [2021] EWCA Crim 577 quashed 39 convictions (of the 42 appellants) on the basis that there had been an abuse of process on two grounds: that a fair trial was impossible and that it was an affront to public conscience for the appellants to have faced prosecution. This judgment followed the Post Office Group Litigation in the High Court before Fraser J known as Bates and Others v The Post Office Limited [2019] EWHC 3408.’

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Guildhall Chambers, 11th March 2024

Source: www.guildhallchambers.co.uk

Criminal injuries compensation and “Daisy’s Law” – 12 KBW Personal Injury Law Blog

Posted April 24th, 2024 in bills, children, compensation, criminal injuries compensation, criminal justice, damages, judicial review, news, personal injuries, psychiatric damage, rape, sexual offences, victims by sally

‘Jessica Muurman, pupil barrister at 12KBW, analyses the recent judgment in R (Criminal Injuries Compensation Authority) v First-tier Tribunal v GHI [2024] UKUT 3 (ACC), which concerns the Criminal Injuries Compensation Scheme 2012 and its interaction with ‘Daisy’s Law’ in the Victims and Prisoners Bill.’

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12KBW Personal Injury Law Blog, 10th April 2024

Source: pilawblog.com

A Tangled Web – What we can learn from the case of Willams-Henry v Associated British Ports Holdings Limited -12 King’s Bench Walk

Posted April 24th, 2024 in chambers articles, damages, deceit, news, personal injuries by sally

‘The Judgment in the case of Kirsty Williams-Henry makes for very uncomfortable reading for everybody who deals with severe to catastrophic personal injury cases.’

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12 King's Bench Walk, 12th April 2024

Source: 12kbw.co.uk

Court of Appeal upholds right to damages for imminent breaches of article 3 ECHR – 3PB

Posted April 24th, 2024 in appeals, benefits, chambers articles, damages, government departments, human rights, immigration, news by sally

‘In a judgment with potentially wide implications for damages claims for breaches of fundamental human rights, the Court of Appeal in ASY & Others v Home Office [2024] EWCA Civ 373 has held that there is a right to damages for imminent breaches of article 3 of the ECHR (the absolute prohibition on torture and inhuman or degrading treatment).’

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3PB, 18th April 2024

Source: www.3pb.co.uk

Legal academic awarded £30,000 over ‘toxic’ row with ex-colleague – Law Society’s Gazette

Posted April 24th, 2024 in damages, disclosure, internet, news, privacy, universities by sally

‘A law lecturer has been ordered to pay £22,500 to a former colleague after sharing confidential information that was later made public on social media.’

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Law Society's Gazette, 23rd April 2024

Source: www.lawgazette.co.uk

Brazil Iron: UK court case launched over mining project in Bahia – BBC News

Posted April 24th, 2024 in damages, environmental health, foreign jurisdictions, miners, news by sally

‘In a small community deep in the remote, lush mountains of Bahia, Brazil, Catarina Oliveira de Silva points down at what used to be a lake. “After the mine started extracting there, waste came down. It fell into the spring. It buried this entire lake. Three metres of silt and ore sludge.” Catarina says dust from this mine covered crops she owned, including coffee bushes and banana trees, until she could not produce them anymore. She and her husband had also taken out a loan in 2015 for a business where people could pay to go angling in the lake. “Our project went down the drain,” she says. Catarina and her family live in a traditional Quilombola community, descendants of Afro-Brazilian slaves whose rights to their land and way of life are protected under Brazilian law.
Now, their fight against a UK-owned mining company is set to move to a top court in London.’

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BBC News, 24th April 2024

Source: www.bbc.co.uk

CICA Awards and HRA Damages: is there double recovery? – UK Health Law Blog

Posted April 23rd, 2024 in criminal injuries compensation, damages, human rights, news by sally

‘The ratio of the decision in AXO v CICA [2024] EWCA Civ 226 is that in certain circumstances, there is overlap and double recovery of a CICA award and Convention damages for breach of the HRA, so that it is open to CICA to seek repayment from HRA damages of a CICA award.’

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UK Health Law Blog, 15th March 2024

Source: www.ukhealthcarelawblog.co.uk

Evidence in a credit hire claim: what does the claimant need to provide? – Five Pump Court Chambers

Posted April 19th, 2024 in chambers articles, damages, evidence, insurance, news by sally

‘Credit hire claims often involve large sums of money, the majority of which is from the credit of the insurer. The exact amount of damages awarded is down, to a large degree, to the discretion of the judge so it is important for the claimant’s legal team to get as much of the evidence watertight before the hearing as possible. From experience at court, there are certain elements of a case which are hard to fix on the day of the hearing, but which can be caught in advance, and lead to a better result for the claimant.’

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Five Pump Court Chambers, 22nd March 2024

Source: www.5pumpcourt.com

Government faces JR claim over litigation funding legislation – Legal Futures

Posted April 19th, 2024 in appeals, bills, claims management, damages, judicial review, Ministry of Justice, news, Supreme Court by sally

‘The Ministry of Justice is being threatened with judicial review over the draft legislation that aims to reverse the impact of the Supreme Court’s PACCAR ruling.’

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Legal Futures, 19th April 2024

Source: www.legalfutures.co.uk

Case Preview: Davies v Bridgend County Borough Council – UKSC Blog

Posted April 19th, 2024 in appeals, causation, damages, local government, news, nuisance, Supreme Court by sally

‘In this post, Sarah Coates-Madden, Senior Associate at CMS, and Fiona Dalling, Associate at CMS, preview the decision awaited from the Supreme Court in Davies v Bridgend County Borough Council.’

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UKSC Blog, 17th April 2024

Source: ukscblog.com