‘A woman’s refusal to move a pushchair with a sleeping baby from a bay on a bus used by wheelchair passengers – causing a disabled man to have to leave the vehicle – is at the centre of a test-case legal battle in the court of appeal.’
The Guardian, 11th November 2014
Source: www.guardian.co.uk
‘The Supreme Court has backed a law firm’s arguments that, following a breach of trust, it should have to pay in damages only the amount which the lender involved would have lost if the breach had not occurred.’
Legal Futures, 6th November 2014
Source: www.legalfutures.co.uk
‘I last discussed this litigation in Success Fees and ATE Premiums in the Patents County Court: Henderson v All Around the World Recordings Ltd 4 May 2013. I set out the basic facts in my case note:
“This was an action for infringement of a performer’s rights which Judge Birss QC (as he then was) decided in Henderson v All Around the World Recordings Ltd and Another [2013] EWPCC 7 (13 Feb 2013)……. She had not been entirely successful and the costs of an unsuccessful copyright claim and half the costs of an application were awarded against her but she had succeeded overall.”‘
NIPC Law, 5th November 2014
Source: www.nipclaw.blogspot.co.uk
Les Laboratoires Servier and another v Apotex Inc and others [2014] UKSC 55; [2014] WLR (D) 452
‘Although acts which constituted “turpitude” for the purposes of giving rise to the defence of ex turpi causa non oritur actio were not confined to criminal acts but included quasi criminal acts which engaged the public interest, civil wrongs which offended against private and not public interests did not give rise to the defence. Infringements of patent gave rise to private rights of a character no different from rights under contract or tort and there was no public policy which would give rise to a defence of ex turpi causa.’
WLR Daily, 29th October 2014
Source: www.iclr.co.uk
‘A legal principle designed to prevent businesses from profiteering from illegal acts does not apply if that profiteering would stem from infringing patent rights, the UK Supreme Court has ruled.’
OUT-LAW.com, 30th October 2014
Source: www.out-law.com
‘The Insurance Bill may alter centuries old law on disclosure by commercial policyholders, warranties & remedies for fraud & place more emphasis on active underwriting, says James Deacon.’
New Law Journal, 23rd October 2014
Source: www.newlawjournal.co.uk
‘A polo pony called Lady Gaga was at the centre of a High Court libel battle after her ‘reputation was slurred’ on YouTube.’
Daily Telegraph, 22nd October 2014
Source: www.telegraph.co.uk
‘This High Court judgment is remarkable in many ways, most of them worrying. It was the result of a six day hearing, with Southwark putting Kelvin Rutledge QC up against Mr AA in person and ended with findings against Southwark that were as bad as they could possibly be (and just perhaps even worse than the available evidence would support).’
NearlyLegal, 22nd October 2014
Source: www.nearlylegal.co.uk
‘Would an action against employers who were unidentifiable at the time of an initial claim against 8 other employers in 2003 succeed where it was argued that such proceedings were an abuse of process of the court, that there was cause of action estoppel and where the claim was statute barred and required an application under s 33 Limitation Act 1980?’
Zenith PI Blog, 21st October 2014
Source: www.zenithpi.wordpress.com
‘The assessment of loss for the future earning capacity of a person suffering residual disability through injury has always been unsatisfactory. The method for calculating multipliers, multiplicands and understanding the at times unfathomable awards of the head of damages known as Smith v Manchester has been cloaked in mathematical illogicality.’
Law Society’s Gazette, 20th October 2014
Source: www.lawgazette.co.uk
‘As currently drafted the Fatal Accidents Act 1976 could treat gay men and gay women differently. Here I look at the reason why and examine the possible solution.’
Zenith PI Blog, 16th October 2014
Source: www.zenithpi.wordpress.com
‘Actor and comedian David Walliams has settled his phone-hacking damages claim. Walliams, who is best known for the sketch show Little Britain but is also an author and a trustee of Comic Relief, accepted substantial undisclosed damages and his legal costs from News Group Newspapers, publisher of the now-defunct News of the World.’
The Guardian, 16th October 2014
Source: www.guardian.co.uk
‘Leading authors have expressed their “grave concern” at a court ruling which has prevented a writer from publishing a book dealing with the sexual abuse he suffered as a child. The author’s ex-wife has obtained a temporary injunction stopping the memoir’s release until the issue has been decided at trial. She argued that reading it would cause their 11 year-old son, who suffers from a number of disabilities, severe psychological harm.’
Daily Telegraph, 16th October 2014
Source: www.telegraph.co.uk
‘Housing officers conspired to unlawfully evict a Sudanese refugee from his council flat and destroy his possessions, including memory sticks holding thousands of hours of work, before then covering up their wrongdoing, a judge has ruled.’
The Independent, 16th October 2014
Source: www.independent.co.uk
‘Lord Justice Jackson and many others have on numerous occasions made it abundantly clear that the primary focus of the investigation into Civil Litigation, the main conclusions in the Final Report and the reforms implemented on and after 1 April 2013 was to control legal costs. The aim of the Final Report was
“to carry out an independent review of the rules and principles governing the costs of civil litigation and to make recommendations in order to promote access to justice at proportionate costs”’
Full story (PDF)
Byrom Street Chambers, 6th October 2014
Source: www.byromstreet.com
‘A High Court judge has ordered that a local authority’s bid to recoup £1.3m from a solar energy installation company be determined by adjudication, rather than by litigation as desired by the council.’
Local Government Lawyer, 13th October 2014
Source: www.localgovernmentlawyer.co.uk
‘This case is an interesting example of a claim for breach of confidence (both in contract and in equity) where, although liability was established, only nominal damages (£1) were awarded to the Claimant.’
RPC Privacy Law, 7th October 2014
Source: www.rpc.co.uk
Ageas (UK) Ltd v Kwik-Fit (GB) Ltd and another [2014] EWHC 2178 (QB); [2014] WLR (D) 407
‘It is was permissible to depart from the prima facie rule that damages following a breach of warranty in a share sale agreement were to be assessed at the date of breach and so to take into account events which had occurred after that date, where such departure was necessary to give effect to the overriding compensatory principle of assessment of damages.’
WLR Daily, 4th July 2014
Source: www.iclr.co.uk
‘Several years ago the notes to the Actuarial Tables set out a more “scientific” means of assessing damages for future loss of earnings. In essence this is done by using the difference between the multipliers in relation to disabled and non-disabled claimants. See the guidance at paragraph 45 of the explanatory notes. Here we look at two cases where the use of this approach has been considered. In Ward it was held not to be appropriate; in Billett it was greatly modified.’
Zenith PI Blog, 6th October 2014
Source: www.zenithpi.wordpress.com
‘Government plans to deduct legal fees from the damages paid to people dying from asbestos exposure are unlawful, the High Court has ruled.’
BBC News, 2nd October 2014
Source: www.bbc.co.uk
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