“A contract’s liability cap applies to interest on payments that is part of that contractual agreement but does not apply to statutory interest applied by a court, the High Court has said.”
OUT-LAW.com, 4th March 2010
Source: www.out-law.com
“The Association of Personal Injury Lawyers (APIL) has criticised the government for ignoring Law Commission recommendations to increase general damages in personal injury cases.”
Law Society’s Gazette, 15th February 2010
Source: www.lawgazette.co.uk
“The widow of a solicitor who died while being treated for respiratory failure in hospital has been awarded an undisclosed six-figure sum in damages.”
BBC News, 15th February 2010
Source: www.bbc.co.uk
“A woman who developed breast cancer while in prison has won a High Court negligence claim after medical staff failed to diagnose the disease.”
BBC News, 12th February 2010
Source: www.bbc.co.uk
R (Degainis) v Secretary of State for Justice [2010] EWHC 137 (Admin); [2010] WLR (D) 24
“When deciding whether to make an award of damages, under art 5(5) of the Convention for the Protection of Human Rights and Fundamental Freedoms, for a breach of art 5(4) of the Convention it was necessary to have regard to the provisions of s 8 of the Human Rights Act 1998 and the restrictions placed on such awards. There was no inconsistency between the terms of s 8 of the 1998 Act and the terms of art 5(5) and no basis for the assumption that compensation in art 5(5) was restricted in its meaning to money, and in some cases the finding of a violation would provide sufficient compensation for a breach of art 5(4).”
WLR Daily, 4th February 2010
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The High Court has ordered Hewlett-Packard to pay BSkyB £200 million in interim damages, according to press reports. The interim award follows a ruling last week over a contract tendering process.”
OUT-LAW.com, 3rd February 2010
Source: www.out-law.com
“A caterer who supplied a dessert containing eggs at a Sikh wedding must pay £415,000 damages to the widow of a man who died from an allergic reaction, the Court of Appeal ruled today.”
The Independent, 20th January 2010
Source: www.independent.co.uk
“The High Court has ruled that two former terrorism suspects can sue the government for damages.”
BBC News, 18th January 2010
Source: www.bbc.co.uk
“A Conservative peer who had proposed forcing copyright holders to detail the exact damage they suffered when trying to force alleged infringers off the internet will drop the plan. Lord Lucas told OUT-LAW Radio that he would ‘not pursue’ the proposal.”
OUT-LAW.com, 15th January 2010
Source: www.out-law.com
“Peaches Geldof, daughter of Bob Geldof, has accepted substantial, undisclosed libel damages over a newspaper claim that she had worked as a prostitute.”
BBC News, 12th January 2010
Source: www.bbc.co.uk
Lucasfilm Ltd and others v Ainsworth and another [2009] EWCA Civ 1328; [2009] WLR (D) 367
“A maker of plastic ‘Star Wars’ helmets was not producing a work of sculpture for the purposes of s 4 of the Copyright Design and Patents Act 1986 and was entitled to a defence under s 51 permitting production of a three-dimensional object in accordance with a design which was itself copyright. A claim against the helmet-maker for breach of United States copyrights was not justiciable in England because the infringement was essentially a local matter involving local policies and local public interest and was a matter for local judges. There was no international jurisdiction over copyright infringement claims and if one were to be created it should be done by international treaty rather than by the courts themselves.”
WLR Daily, 16th December 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A propmaker has won a multi-million pound Appeal Court battle with the makers of Star Wars over the rights to manufacture Stormtrooper helmets.”
Daily Telegraph, 17th December 2009
Source: www.telegraph.co.uk
Iqbal v Prison Officers Association [2009] EWCA Civ 1310; [2009] WLR (D) 355
“A claim for false imprisonment did not lie against prison officers who took unlawful strike action which resulted in a prisoner, who would otherwise have been permitted by the prison governor to leave his cell for the purpose of working, exercise and health care, being confined to his cell.”
WLR Daily, 4th December 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A cruise company has started an appeal to reduce £22,000 in damages awarded to a North Yorkshire couple who claim their dream holiday was ruined.”
BBC News, 3rd December 2009
Source: www.bbc.co.uk
“English libel law imposes disproportionate restrictions on free speech, according to an independent report that recommends 10 changes to the laws. The Ministry of Justice said today that it will launch a consultation on defamation and the internet.”
OUT-LAW.com, 10th November 2009
Source: www.out-law.com
“Peter Andre has accepted ‘substantial’ damages in London’s High Court over claims he was lying when he portrayed himself as a loving father and husband.”
BBC News, 10th November 2009
Source: www.bbc.co.uk
“A Tory MP has received damages from one of Gordon Brown’s former spin doctors after he targeted her as part of the ‘smear emails’ scandal.”
The Independent, 30th October 2009
Source: www.independent.co.uk
“Any evidence of MI5 and MI6 involvement in the rendition and torture of Britons now seeking damages must be heard behind closed doors, the government told the high court today (27 October).”
The Guardian, 27th October 2009
Source: www.guardian.co.uk
“Lawyers for MI5 and MI6 have launched an unprecedented attempt to stop secret material being disclosed during a case brought by ex-Guantanamo Bay detainees.”
BBC News, 27th October 2009
Source: www.bbc.co.uk
“Police can be sued for the estimated £42m damage caused during a riot at a Bedfordshire immigration detention centre, the Court of Appeal has ruled.”
BBC News, 23rd October 2009
Source: www.bbc.co.uk
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