Holidaymaker who sued after walking into glass door in bikini wins case in serious blow to UK travel industry – Daily Telegraph

Posted November 7th, 2013 in appeals, damages, health & safety, holidays, news, personal injuries by sally

“A holidaymaker who suffered life-threatening cuts after walking into a plate glass door in her bikini has fought off a bid to strip her of her damages award, in what it has been desribed as a serious blow to the UK travel industry.”

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Daily Telegraph, 7th November 2013

Source: www.telegraph.co.uk

Terror suspect who fled in burqa seeks damages from UK in torture case – The Guardian

Posted November 7th, 2013 in damages, fugitive offenders, news, terrorism, torture by sally

“Mohammed Ahmed Mohamed, the terror suspect who escaped surveillance wearing a burqa, is seeking damages from the government in a human rights legal challenge involving allegations of torture, it has been revealed at the high court.”

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The Guardian, 7th November 2013

Source: www.guardian.co.uk

Dominic Grieve: Every prisoner in Britain could sue for damages over voting ban – Daily Telegraph

Posted November 7th, 2013 in bills, damages, elections, human rights, news, prisons, treaties by sally

“Tens of thousands of prisoners could be in line for compensation because they have been denied their ‘human right’ to vote, the Attorney General has warned. Dominic Grieve warned that all 85,000 prisoners in England and Wales could lodge claims with the European Court of Human Rights if they are barred from vote at the next election, costing taxpayers more than £60 million.”

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Daily Telegraph, 6th November 2013

Source: www.telegraph.co.uk

Police spies case: women lose fight for public human rights hearing – The Guardian

“A group of women who are taking legal action against police chiefs over claims they were tricked into forming long-term relationships with undercover spies have lost their fight to have part of their case heard in public.”

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The Guardian, 5th November 2013

Source: www.guardian.co.uk

Don’t ignore the Court of Appeal – NearlyLegal

Posted November 1st, 2013 in appeals, damages, harassment, landlord & tenant, news, repossession by sally

“A rather unusual unlawful eviction case, this, involving as it does breaches of Court of Appeal stays of warrant, and High Court appeals of judgment and damages where both parties were in person.”

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NearlyLegal, 31st October 2013

Source: www.nearlylegal.co.uk

Ex-officer sues Met police over alleged racist abuse – The Guardian

“The Metropolitan police is being sued by a former constable who claims he was racially abused in a three-year campaign by supervising officers.”

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The Guardian, 25th October 2013

Source: www.guardian.co.uk

Flame SA v Glory Wealth Shipping PTE Ltd – WLR Daily

Posted October 25th, 2013 in compensation, contracts, damages, law reports by sally

Flame SA v Glory Wealth Shipping PTE Ltd [2013] EWHC 3153 (Comm); [2013] WLR (D) 400

“The purpose behind the compensatory principle underpinning the assessment of an award of damages for a repudiatory breach of contract was to put the innocent party in the position it would have found itself had the other party fulfilled its obligations. It was for the innocent party to prove its loss which in turn required it to prove that had the breach not occurred it would have been able to fulfil its obligations under the contract. Any identified inability to perform its future obligations which could have prevented the innocent party from receiving what was due to it under the terms of the contract had to be taken into account in the assessment of the level of the award of damages for the repudiatory breach to prevent the innocent party obtaining windfall damages.”

WLR Daily, 22nd October 2013

Source: www.iclr.co.uk

Lord McAlpine settles libel action with Alan Davies over Twitter comment – The Guardian

Posted October 25th, 2013 in costs, damages, defamation, internet, news by sally

“Lord McAlpine has settled his libel action with Alan Davies over a tweet relating to false child sex abuse allegations, with the comedian agreeing to pay £15,000 in damages and issuing a warning to users of the social media service.”

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The Guardian, 24th October 2013

Source: www.guardian.co.uk

Glendalough Associated SA v Harris Calnan Construction Co Ltd – WLR Daily

Posted October 23rd, 2013 in construction industry, contracts, damages, delay, law reports, tenders by sally

Glendalough Associated SA v Harris Calnan Construction Co Ltd: [2013] EWHC 3142 (TCC);   [2013] WLR (D)  397

“Where, in adjudication proceedings brought pursuant to the Housing Grants, Construction and Regeneration Act 1996, the referring party did not assert in terms that the agreement in question was made otherwise than in writing, section 107(5) of the Act was not engaged.”

WLR Daily, 21st October 2013

Source: www.iclr.co.uk

Lord McAlpine libel row with Sally Bercow formally settled in high court – The Guardian

Posted October 22nd, 2013 in damages, defamation, internet, news by sally

“Sally Bercow has apologised for ‘irresponsible use of Twitter’ and agreed to pay undisclosed damages to peer, court told.”

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The Guardian, 22nd October 2013

Source: www.guardian.co.uk

Schools’ duty to safeguard children who lark around – Education Law Blog

“If you are sitting comfortably, I’ll tell you the story of the boy who tried to punch his younger brother but instead hit a water fountain and then sued his school for damages. Or rather I’ll tell you how the Court of Appeal told it in West Sussex County Council v Lewis Pierce [2013] EWCA Civ 1230.”

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Education Law Blog, 18th October 2013

Source: www.education11kbw.com

Gas company vicariously liable for database rights infringement by staff – OUT-LAW.com

Posted October 21st, 2013 in copyright, damages, database right, energy, news, privacy, vicarious liability by sally

“The market leader in the sale of liquid propane gas (LPG) in the UK has been found vicariously liable for the infringement of database rights belonging to a rival.”

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OUT-LAW.com, 18th October 2013

Source: www.out-law.com

Hospitals told to investigate all patient complaints in spite of possible lawsuits – The Guardian

“Hospitals will be banned from refusing to investigate complaints from patients harmed by poor care who may also sue for damages, after campaigners condemned the practice as an illegal and unfair denial of patients’ rights.”

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The Guardian, 20th October 2013

Source: www.guardian.co.uk

Foreign criminal awarded £25,000 damages – Daily Telegraph

Posted October 17th, 2013 in contempt of court, damages, detention, government departments, news by sally

“A foreign criminal jailed for robbery has been awarded £25,000 damages because of mistakes made by the Home Office during deportation proceedings.”

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Daily Telegraph, 16th October 2013

Source: www.telegraph.co.uk

High Court refuses to delay high street court battle with MasterCard – The Lawyer

“An attempt by MasterCard to avoid a multi-billion damages claim from a dozen retailers because the monthly due diligence costs charged by its lawyers at Jones Day could be as much as £700,000 has been rejected by the High Court.”

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The Lawyer, 16th October 2013

Source: www.thelawyer.com

Katie Price settles phone-hacking claim – BBC News

Posted October 10th, 2013 in damages, interception, media, news, telecommunications by sally

“Model and TV personality Katie Price has received undisclosed damages over phone hacking, the High Court has heard.”

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BBC News, 9th October 2013

Source: www.bbc.co.uk

High Court grants injunction to losing bidder over £1bn waste contract award – Local Government Lawyer

“A High Court judge has granted an energy company an injunction preventing a waste authority from entering into a £1bn+ resource recovery contract (RRC) with a rival business.”

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Local Government Lawyer, 8th October 2013

Source: www.localgovernmentlawyer.co.uk

Christian owners of Chymorvah Hotel who refused to allow gay couple to stay in double room take legal fight to Supreme Court – The Independent

“The Christian owners of a guesthouse who refused to allow a gay couple to stay in a double-bedded room have said they want to avoid a ‘collision’ between two different lifestyles as they prepare to take their case to the Supreme Court.”

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The Independent, 8th October 2013

Source: www.independent.co.uk

Britain pays out millions to criminals after losing 202 human rights cases since 1998 – The Independent

“Britain has had to pay out £4.4 million in taxpayers’ money as a result of losing 202 cases at the European Court of Human Rights (ECHR) in Strasbourg since 1998, figures from the House of Commons reveal.”

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The Independent, 8th October 2013

Source: www.independent.co.uk

Fairclough v Summers – An abuse of Process – Sovereign Chambers

“On the 13th May 2003 whilst acting in the course of his employment with Fairclough Homes Limited (‘Fairclough’), Shaun Summers (‘Mr Summers’) fell from a truck and sustained both a fractured bone in his right hand and a fractured left heel bone. On the 28th October 2003 Fairclough admitted liability for the accident through its insurers (‘the admission’). Mr Summers went on to issue a claim for personal injury and associated losses on the 10th May 2006 but, having examined his medical records (which appeared to cast doubt on Mr Summers’ account of the accident), Fairclough applied for permission to withdraw their admission and served an Amended Defence in relation to liability. On the 28th August 2007, following a trial before HHJ Tetlow (‘the Judge’), Mr Summers obtained judgment against Fairclough with damages to be assessed.”

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Sovereign Chambers, 25th September 2013

Source: www.sovereignchambers.co.uk