“The low costs risk for claimants making mesothelioma claims means they should not longer benefit from an exemption from the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), a leading defendant law firm has argued.”
Litigation Futures, 7th October 2013
Source: www.litigationfutures.com
“I did an initial post here summarising this opinion from the A-G to the CJEU saying that the UK was in breach of two EU Directives about environmental assessment and pollution control – the breaches concerned our system for litigation costs. It struck me that there was a lot in the opinion, and after some re-reads, I continue to think so. So I will deal in this post with one aspect, namely the finding that the UK is in breach, in requiring an undertaking as to damages by the claimant to back up the claimant’s interim injunction – in the jargon, a cross-undertaking.”
UK Human Rights Blog, 27th September 2013
Source: www.ukhumanrightsblog.com
“This week has brought further news on the Libor interest rate fixing saga, with UK broker ICAP receiving an $87m fine.”
Competition Bulletin from Blackstone Chambers, 26th September 2013
Source: www.competitionbulletin.com
Revenue and Customs Commissioners v Sunico ApS and others (Case C-49/12); [2013] WLR (D) 347
“The concept of ‘civil and commercial matters’ within the meaning of article 1(1) of Council Regulation (EC) No 44/2001 covered an action whereby a public authority of one member state claimed, as against natural and legal persons resident in another member state, damages for loss caused by a tortious conspiracy to commit value added tax fraud in the first member state.”
WLR Daily, 12th September 2013
Source: www.iclr.co.uk
“One of Britain’s biggest trade unions unlawfully sought the cancellation of a Jewish academic’s speaking engagement on the grounds that he was from Israel, a court has heard.”
The Independent, 11th September 2013
Source: www.independent.co.uk
“Two insurance companies have won their case against police bosses for compensation over the looting and arson of a building during the 2011 riots.”
BBC News, 12th September 2013
Source: www.bbc.co.uk
“A High Court master last week more than halved a proposed budget in a quantum-only cerebral palsey case, it has emerged. Leading costs lawyer Matthew Harman told this week’s PI Futures seminar in Manchester that the master also refused to hear any argument on hourly rates.”
Litigation Futures, 12th September 2013
Source: www.litigationfutures.com
“On the whole, trying to appeal an unlawful eviction judgment and quantum decision against you on the basis that you are not actually the landlord is not an approach to be recommended. This appeal decision in the High Court can be taken as a reminder why this is so. There is also a reminder of the limits of Housing Act 1988 section 27(7)(a) mitigation by conduct of the tenant and of a section 27(8)(a) defence.”
NearlyLegal, 26th August 2013
Source: www.nearlylegal.co.uk
“Disgraced cyclist Lance Armstrong has agreed a settlement with the Sunday Times after it sued him for about £1m, the paper has announced.”
BBC News, 25th August 2013
Source: www.bbc.co.uk
“The Competition Bulletin is pleased to welcome the second in our series of blogs by Oxera Consulting on key economic concepts for competition lawyers. In this blog, Tuomas Haanperä, a Senior Consultant, discusses the economic issues surrounding follow-on damages claims in margin squeeze cases (where a dominant firm has charged a combination of retail and wholesale prices that prevents other, ‘squeezed’, rivals from competing). This topic was recently discussed at the Oxera Economics Council, a forum of prominent European economic thinkers and academics that meets twice a year to discuss current economic policy topics.”
Competition Bulletin from Blackstone Chambers, 16th August 2013
Source: www.competitionbulletin.com
“Housekeeper at Surrey home of Maya Von Schoenburg, former wife of Mercedes-Benz heir, awarded £19,000 in damages.”
The Guardian, 5th August 2013
Source: www.guardian.co.uk
“Harry Potter creator JK Rowling has accepted a substantial charity donation from the law firm that revealed she was writing under a pseudonym.”
BBC News, 31st July 2013
Source: www.bbc.co.uk
“The former Conservative party co-treasurer Peter Cruddas has won £180,000 damages in his high court libel action over a Sunday Times allegation about charging £250,000 to meet David Cameron.”
The Guardian, 31st July 2013
Source: www.guardian.co.uk
“In Al Rawi & Ors v The Security Service & Ors [2011] UKSC 34; [2012] 1 AC 531 the claimants (respondents in the Supreme Court) were bringing civil claims for damages against the defendants (appellants in the Supreme Court) alleging complicity by the defendants in their mistreatment by foreign powers (including detention at Guantanamo Bay). The defendants as part of their defence wished to place before the court ‘security sensitive material’ – presumably the evidence of intelligence agents, or similar, denying the complicity – which for security reasons could not be disclosed to the claimants. Thus the defendants submitted that the court hold a “closed material procedure”. They envisaged that the evidence would be placed before the courts in closed session, i.e. a session from which the claimants and their representatives (and the public) were excluded. In the closed session the claimants would be represented by “special advocates” appointed by the court who would have access to the evidence but would not be able to take instructions from the claimants. Such procedures are controversial since they threaten the fundamental principles of open justice and natural justice. On the other hand, the national interest would doubtless be impaired, in some cases, if intelligence agents gave evidence and their methods and secrets were exposed in open court.”
UK Constitutional Law Group, 29th July 2013
Source: www.ukconstitutionallaw.org
“A rugby league star sacked by his club after a photo of a team-mate’s bottom was posted on his Twitter account was unlawfully dismissed, a judge ruled.”
BBC News, 18th July 2013
Source: www.bbc.co.uk
“A woman has won a case of harassment against her bank after she was plagued by more than 500 calls for missing a single loan payment.”
Daily Telegraph, 8th July 2013
Source: www.telegraph.co.uk
The Daily Telegraph have recently introduced a limited paywall. Users will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.
“Where judgment was given in an English court that a patent, whether English or European, was valid and infringed, and the patent was subsequently retrospectively revoked or amended, whether in England or at the European Patent Office, the defendant was entitled to rely on the fact of the revocation or amendment on an inquiry as to damages in respect of the unamended patent.”
WLR Daily, 3rd July 2013
Source: www.iclr.co.uk
“The UK Supreme Court has ruled that companies found to have infringed patents can rely on the subsequent amendment of patent claims to exonerate them from liability for damages.”
OUT-LAW.com, 4th July 2013
Source: www.out-law.com
“Parents who fail to secure their children in appropriate child passenger seats can be found to be contributory negligent for any injuries that may be suffered by the child as a result of a road traffic accident, as confirmed by the recent Court of Appeal case Williams v Estate of Dayne Joshua Williams 2013.”
Sovereign Chambers, 1st July 2013
Source: www.sovereignchambers.co.uk
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