damages – Page 90 – Current Awareness

Carver v BAA plc – WLR Daily

Posted April 24th, 2008 in costs, damages, law reports, payment into court by sally

Carver v BAA plc [2008] EWCA Civ 412; [2008] WLR (D) 122

“Where a claimant had obtained judgment as to liability, and an award in damages of a sum exceeding an earlier payment in, a judge was empowered by CPR r 36.14(1) to adopt a broad approach when considering costs and the question whether the result was ‘more advantageous’ vis à vis a refused payment in, and he was entitled if appropriate to award costs in favour of a losing party or to make no order for costs.”

WLR Daily, 23rd April 2008

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.

Victim Ryan Wilson in ‘Elephant man’ drug trial to get £2m – The Times

Posted April 16th, 2008 in damages, experiments, medicines, news, personal injuries by sally

“A victim of the ‘elephant man’ drug trial is set to receive more than £2 million for his horrific injuries, it emerged yesterday.”

Full story

The Times, 16th April 2008

Source: www.timesonline.co.uk

Whitehead and another v Hibbert Pownall & Newton ( a firm) – WLR Daily

Posted April 8th, 2008 in damages, law reports, negligence, solicitors by sally

Whitehead and another v Hibbert Pownall & Newton ( a firm); [2008] WLR (D) 96

“Solicitors who had negligently failed to prosecute a claim for damages for clinical negligence, including a claim for future loss, with the result that the claim had been set down at the date of the original claimant’s death were not liable for failing to secure for the deceased’s estate what, on the full facts, would have amounted a an uncovenanted windfall. The estate, standing in the deceased’s shoes, could not recover sums referable to a period after her death since she would only have been entitled to recover losses incurred or to be incurred in her lifetime.”

WLR Daily, 7th April 2008

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.

Father of soldier killed in Afghanistan ‘will sue MoD for damages’ – Daily Telegraph

Posted March 19th, 2008 in armed forces, damages, news by sally

“The father of a soldier killed in Afghanistan vowed last night to take legal action against the Ministry of Defence, demanding that it accepts liability for his son’s death.”

Full story

Daily Telegraph, 19th March 2008

Source: www.telegraph.co.uk

Smith v Chief Constable of Sussex Police – Times Law Reports

Posted March 17th, 2008 in damages, law reports, negligence, police by sally

Smith v Chief Constable of Sussex Police

Court of Appeal

“While it was not reasonable to expect the police to answer in damages to every individual whose life or health might have been spared or saved by more competent police work, where someone’s life or safety had been so firmly placed in their hands as to make it incumbent on them to take at least elementary steps to protect it, unexcused neglect to do so could sound in damages if harm resulted. ”

The Times, 17th March 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Brain damage boy awarded £5.4m – BBC News

Posted February 27th, 2008 in birth, damages, hospitals, negligence, news by sally

“A ‘sparky young man’ who suffered serious brain damage at birth has been awarded £5.4m in damages.”

Full story

BBC News, 27th February 2008

Source: www.bbc.co.uk

Woman wins baby brain damage case – BBC News

Posted February 27th, 2008 in damages, hospitals, negligence, news by sally

“A woman who said she suffered brain damage during heart treatment as a baby at Bristol Royal Infirmary in 1985 has won a High Court compensation claim.”

Full story

BBC News, 26th February 2008

Source: www.bbc.co.uk

Regina (SK) (Zimbabwe) v Secretary of State for the Home Department – Times Law Reports

Posted February 26th, 2008 in asylum, damages, deportation, false imprisonment, law reports by sally

Regina (SK) (Zimbabwe) v Secretary of State for the Home Department

Queen’s Bench Division

“A failed asylum-seeker awaiting deportation whose detention had not been properly reviewed had been deprived of safeguards prescribed by law and was entitled to damages for false imprisonment. His detention had been arbitrary and unlawful and contrary to the right to liberty enshrined in article 5 of the European Convention on Human Rights.”

The Times, 26th February 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

£4m damages for ‘devoted’ mother – BBC News

Posted February 25th, 2008 in damages, hospitals, negligence, news by sally

“A mother who has devoted herself to her severely brain-damaged daughter for 29 years has been awarded £4.1m damages.”

Full story

BBC News, 24th February 2008

Source: www.bbc.co.uk

Lords refuse to continue hearing case against Simon Mann – The Times

Posted February 7th, 2008 in appeals, conspiracy, damages, jurisdiction by sally

“A landmark case collapsed in unprecedented fashion today as the House of Lords refused to continue hearing a claim brought by Equatorial Guinea against the alleged plotters of a failed coup because it will not allow one of the defendants to meet with his lawyers.”

Full story

The Times, 7th February 2008

Source: www.timesonline.co.uk

Bendy bus woman makes £500K claim – BBC News

Posted February 7th, 2008 in damages, news, personal injuries by sally

“A woman who suffered ‘catastrophic’ brain damage after she was hit by a bendy bus could receive more than £500,000 in damages.”

Full story

BBC News, 6th February 2008

Source: www.bbc.co.uk

Youth’s appeal clears way for thousands to sue police – The Guardian

Posted February 6th, 2008 in damages, false imprisonment, news by sally

“The court of appeal opened the way yesterday for thousands of suspects to claim damages for false imprisonment if they were kept waiting in a police station pending a Crown Prosecution Service decision on what offence to charge them with.”

Full story

The Guardian, 6th February 2008

Source: www.guardian.co.uk

Employment tribunals should punish the constructive dismissal, not the history – OUT-LAW.com

Posted February 6th, 2008 in constructive dismissal, damages, news by sally

“A victim of a constructive dismissal can only be compensated by an employment tribunal for damages relating to that actual dismissal, not for an employer’s bad behaviour leading up to it, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 6th February 2008

Source: www.out-law.com

Lords hear damages claim over failed Equatorial Guinea coup – The Times

Posted February 5th, 2008 in conspiracy, damages, jurisdiction, news by sally

“In a dramatic opening to a landmark case, the barrister of alleged plotter Simon Mann confirmed he is in prison in West Africa.”

Full story

The Times, 4th February 2008

Source: www.timesonline.co.uk

Abuse victims win historic ruling on compensation – The Independent

Posted February 5th, 2008 in damages, news, personal injuries, sexual offences, time limits by sally

“Two young women have won a key ruling in their legal battle to secure compensation from the man who sexually abused them when they were children. The case is the first to benefit from last week’s landmark House of Lords ruling against the man known as the ‘Lotto Rapist’.”

Full story

The Independent, 5th February 2008

Source: www.independent.co.uk

A v Hoare; X and another v Wandsworth London Borough Council – WLR Daily

Posted February 1st, 2008 in damages, law reports, personal injuries, sexual offences, time limits by sally

A v Hoare; X and another v Wandsworth London Borough Council; C v Middlesborough Council; H v Suffolk County Council; Young v Catholic Care (Diocese of Leeds) [2008] UKHL 6; [2008] WLR (D) 20

“A claim for damages for personal injuries caused by a sexual assault fell within s 11 of the Limitation Act 1980, allowing a limitation period of three years from the date when the claimant first considered the injury sufficiently serious to justify proceedings and the possibility of an extension beyond that if it was equitable to do so.”

WLR Daily, 31st January 2008

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.

Hall and Others v Stone – Times Law Reports

Posted February 1st, 2008 in costs, damages, law reports by sally

Hall and Others v Stone

Court of Appeal

The fact that a successful claimant had not been awarded the whole amount of damages he sought did not mean that the defendant had partially succeeded and the judge could not reduce the claimant’s costs.

The Times, 1st February 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Churches, schools and charities braced for flood of claims after ruling on Lotto rapist, Iorworth Hoare – The Times

Posted January 31st, 2008 in damages, news, personal injuries, sexual offences, time limits by sally

“Thousands of victims of sexual abuse including a woman whose life was ruined by the so-called Lotto rapist are preparing to lodge compensation claims after a landmark ruling by Britain’s highest court yesterday.”

Full story

The Times, 31st Janaury 2008

Source: www.timesonline.co.uk

A v Hoare X and Another v Wandsworth London Borough Council – Times Law Reports

Posted January 31st, 2008 in damages, law reports, personal injuries, sexual offences, time limits by sally

A v Hoare; X and Another v Wandsworth London Borough Council; C v Middlesborough Council; H v Suffolk County Counci; Young v Catholic Care (Diocese of Leeds) and Another

House of Lords

“A claim for damages for personal injuries caused by a sexual assault had a limitation period of three years from the date when the victim first considered the injury sufficiently serious to justify proceedings but judges could extend that period if thought equitable.”

The Times, 31st Janaury 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.