‘A leading firm has avoided paying out significant damages despite admitting negligence when it gave advice on the purchase of a £3.6m yacht.’
Law Society’s Gazette, 5th August 2014
Source: www.lawgazette.co.uk
‘In Ifejika v Ifejika and another [2011] EWPCC 31 (23 Nov 2011) His Honour Judge Birss QC (as he then was) ordered among other things an inquiry (or alternatively, by implication, an account) in relation to a lens care product the design rights in which he held to have been infringed by the claimant’s brother by of a competing product. The claimant elected an account of profits and this came on before HH Judge Hacon on 17 June 2014 (Ifejika v Ifejika and another [2014] EWHC 2625 (IPEC) (31 July 2014)).’
NIPC Law, 3rd August 2014
Source: www.nipclaw.blogspot.co.uk
‘A solicitor has won a High Court battle to prove he was an employee and not a partner at a firm subject to legal action.’
Law Society’s Gazette, 1st August 2014
Source: www.lawgazette.co.uk
Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 46 (YouTube)
Supreme Court, 23rd July 2014
‘This is an important summary of the principles applicable to HR damages, particularly in circumstances where there have been other payments already made arguably in respect of the acts in question. So it should be first port of call if you have an HR damages problem, not least because it gathers all the learning together.’
UK Human Rights Blog, 27th July 2014
Source: www.ukhumanrightsblog.com
‘The family of a mother-of-two stabbed to death will take its negligence claim against two police forces to the Supreme Court.’
BBC News, 28th July 2014
Source: www.bbc.co.uk
‘Rhys Ifans and Michael Barrymore have both received undisclosed damages at the close of their phone hacking lawsuit.’
The Independent, 22nd July 2014
Source: www.independent.co.uk
Austin v Miller Argent (South Wales) Ltd [2014] EWCA Civ 1012; [2014] WLR (D) 331
‘Private nuisance actions were in principle capable of constituting procedures which fell within the scope of article 9.3 of the Aarhus Convention. There had to be a significant public interest in the action to justify conferring special costs protection on a claimant. The article 9.4 obligation which afforded procedural costs protection was no more than a factor to take into account when deciding whether to grant a protected costs order.’
WLR Daily, 21st July 2014
Source: www.iclr.co.uk
‘In Wrotham Park v Parkside Homes [1974] 1 WLR 798, the Court declined to order a land-owner to destroy a property he had built on his land in breach of a covenant in favour of his neighbour. Instead, it awarded the neighbour damages in lieu of an injunction under Lord Cairns’ Act, in such sum “as might reasonably have been demanded by the [covenantee] … as the quid pro quo for relaxing the covenant” (815). The Court assessed the damages as a modest percentage of the profit anticipated (“with the benefit of foresight”) by the contract breaker. Employment lawyers have sought to exploit Wrotham Park for some time now, particularly following the seminal judgments of the House of Lords in AG v Blake [2001] 1 AC 268, where it was held that in exceptional circumstances (where conventional remedies had no value) the contract breacher could be required to account for the fruits of his breach of contract.’
Employment Law Blog, 15th July 2014
Source: www.employment11kbw.com
‘Nicola Low, 71, and her daughter, Caroline Baines, 40, ran an estate agent together before their relationship ended in a spectacular fall out.’
Daily Telegraph, 11th July 2014
Source: www.telegraph.co.uk
‘The Metropolitan police cannot use its policy of “neither confirm nor deny” in response to damages claims brought by women who claim they were tricked into forming relationships with undercover officers.’
The Guardian, 2nd July 2014
Source: www.guardian.co.uk
‘Britain’s biggest force faces a large compensation claim as a tribunal rules Carol Howard was treated unfairly because of her sex and race.’
Daily Telegraph, 1st July 2014
Source: www.telegraph.co.uk
‘In a recent bout in the High Court, the specificity of sporting disputes once again came to the fore. In Bruce Baker v British Boxing Board of Control [2014] EWHC 2074 (QB), 25 June 2014, Sir David Eady was faced with the old chestnut of a request for a court to interfere with a national sporting body’s decision to sanction one of its participants. One interim application later, and the BBBC was still standing.’
Competition Bulletin from Blackstone Chambers, 1st July 2014
Source: www.competitionbulletin.com
‘Court of Appeal said ‘aggressive and truculent’ man’s initial detention was unlawful and amounted to false imprisonment.’
Daily Telegraph, 1st July 2014
Source: www.telegraph.co.uk
‘One of the big questions of English competition law is whether there is such a thing as a “passing-on defence” – – i.e. whether the damages suffered by a purchaser of a cartelized product are reduced or mitigated if he “passes on” some of the overcharge to his own customers. Two follow-on damages actions were due to be heard this term, arising out of the synthetic rubber cartel and the gas insulated switchgear cartel, both of which raised the question of passing-on but both of which have now settled.’
Competition Bulletin from Blackstone Chambers, 30th June 2014
Source: www.competitionbulletin.com
‘A council’s charging policy for social care services has been found unlawful because it took account of capital derived from a claimant’s personal injury settlement.’
Local Government Lawyer, 19th June 2014
Source: www.localgovernmentlawyer.co.uk
‘Given the paucity of case law, it is notoriously difficult to estimate likely awards of compensation under section 13 of the Data Protection Act 1998 for breaches of that Act. It is also very difficult to assess any trends in compensation awards over time.’
Panopticon, 13th June 2014
Source: www.panopticonblog.com
‘The Civil Procedure Rule Committee is to investigate claims that the Jackson reforms have made it “virtually impossible” for solicitors to claim success fees in cases involving children, it has emerged.’
Litigation Futures, 11th June 2014
Source: www.litigationfutures.com
‘Corporate bodies (limited companies or LLPs) have a separate legal identity that ceases to exist upon dissolution. Dissolution can occur, broadly speaking, in two ways, one is at the end of the process of winding up (whether voluntary or compulsory) and the other is by the process of striking off the Register of Companies or limited liability partnerships. The latter occurs either as a result of the company’s or LLP’s failure to file accounts, returns etc. or by a process of voluntary striking off.’
Full story (PDF)
Thirty Nine Essex Street, 7th March 2014
Source: www.39essex.com
‘A binman whose shattered leg had to be amputated above the knee after his rubbish truck hit a parked lorry has been awarded £1.8m in damages.’
BBC News, 4th June 2014
Source: www.bbc.co.uk
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