Damages in Fatal Accidents Claims: Supreme Court decision as to proper basis for calculations of future loss – Henderson Chambers

Posted March 22nd, 2016 in accidents, appeals, asbestos, damages, industrial injuries, news, Supreme Court, trials by sally

‘In Knauer (Widower and Administrator of the Estate of Sally Ann Knaur) v Ministry of Justice [2016] UKSC 9, the Supreme Court has held that the correct date as at which to assess the multiplier when fixing damages for future loss in claims under the Fatal Accidents Act 1976 should be the date of trial and not the date of death. In doing so it refused to follow two decisions of the House of Lords (Cookson v Knowles [1979] AC 556 and Graham v Dodds [1983] 1 WLR 808) pursuant to which the relevant date had been the date of death.’

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Henderson Chambers, February 2016

Source: www.hendersonchambers.co.uk

Supreme Court judgment on vicarious liability: Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11 – Park Square Barristers

Posted March 22nd, 2016 in appeals, assault, employment, news, Supreme Court by sally

‘Is an employer vicariously liable for the errant conduct of an employee who attacks a customer? Yes, according to the Supreme Court in unanimously giving judgment for the appellant in the case of Mr A M Mohamud (in substitution for Mr A Mohamud (deceased) v WM Morrison Supermarkets plc [2016] UKSC 11, handed down today.’

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Park Square Barristers, 2nd March 2016

Source: www.parksquarebarristers.co.uk

Crown courts to allow filming for first time – BBC News

‘TV cameras could be allowed into crown courts in England and Wales for the first time, as part of a pilot scheme proposed by the Ministry of Justice.’

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MOJ Press release

BBC News, 20th March 2016

Source: www.bbc.co.uk

Hundreds of rapists and child abusers taken off sex offenders’ register – The Independent

‘Nearly 700 sex offenders have been removed from the register in the last four years, including 157 child abusers, new figures have revealed. A Freedom of Information request by the BBC found more than half of applications made by criminals to be removed from the register since 2012 have been successful.’

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The Independent, 21st March 2016

Source: www.independent.co.uk

UK faces fresh legal challenge over weak plans to tackle air pollution – The Guardian

Posted March 18th, 2016 in appeals, EC law, environmental health, news, pollution, Supreme Court by sally

‘The government faces a new legal challenge to force it to speed up and improve measures to tackle air pollution in British cities. Environmental law group ClientEarth has asked the high court to urgently review the Department for Environment, Food and Rural Affairs’ (Defra) latest plans to meet EU targets on the toxic gas NO2 which is emitted from vehicles and industry and is thought to kill about 25,000 people in the UK a year.’

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The Guardian, 18th March 2016

Source: www.guardian.co.uk

Daily Mail loses challenge to recoverable ATE – but success fee uncertainty heads to Supreme Court – Litigation Futures

Posted March 17th, 2016 in appeals, costs, fees, freedom of expression, insurance, media, news, Supreme Court by sally

‘Recoverable after-the-event insurance (ATE) premiums are not incompatible with a publisher’s right to freedom of expression, the High Court has ruled – but it is asking the Supreme Court to resolve the case law tension over recoverable success fees in publications proceedings.’

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Litigation Futures, 15th March 2016

Source: www.litigationfutures.com

Becky Watts: judge rejects killers’ appeals against convictions – The Guardian

‘The couple found guilty of killing the Bristol teenager Becky Watts have lost the first stage of their appeals against their convictions and sentences.’

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The Guardian, 15th March 2016

Source: www.guardian.co.uk

Jailed Libor trader blocked from supreme court appeal – The Guardian

Posted March 10th, 2016 in appeals, banking, conspiracy, crime, fraud, interest, news, Supreme Court by sally

‘Tom Hayes, a former UBS and Citigroup trader serving an 11-year jail sentence for conspiring to rig Libor global interest rates, has been blocked from appealing to the supreme court against his conviction.’

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The Guardian, 8th March 2016

Source: www.guardian.co.uk

Trunki loses ride-on animal suitcase court case – BBC News

Posted March 10th, 2016 in appeals, intellectual property, news, Supreme Court by sally

‘The founder of Trunki suitcases has predicted “chaos” after his company lost a court battle with a rival over product design.’

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BBC News, 9th March 2016

Source: www.bbc.co.uk

Vicarious liability: The Supreme Court speaks – UK Human Rights Blog

Posted March 9th, 2016 in assault, negligence, news, prisons, Supreme Court, vicarious liability by sally

‘Two important Supreme Court judgments concerning vicarious liability were handed down last week. Mohamud v WM Morrison Supermarkets [2016] UKSC 11 affirms the “close connection” test set out in Lister v Hesley Hall Ltd [2001] UKHL 22 and rejects the formulation of a new test for vicarious liability based on “representative capacity”. Cox v Ministry of Justice [2016] UKSC 10 extends the sorts of relationships where a defendant can be made vicariously liable for the conduct of an individual and evaluates Various Claimants v Catholic Child Welfare Society [2012] UKSC 56 (the ‘Christian Brothers’ case).’

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UK Human Rights Blog, 8th March 2016

Source: www.ukhumanrightsblog.com

Supreme Court learns lessons of IT implementation as it heads towards going paperless – Litigation Futures

Posted March 8th, 2016 in courts, internet, judges, news, speeches, Supreme Court by sally

‘Lord Kerr, the Supreme Court justice, is leading an initiative to improve the use of technology at the court and cut down on paper, it has emerged.’

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Litigation Futures, 7th March 2016

Source: www.litigationfutures.com

The Child in the Road Part 2 – Zenith PI Blog

‘Six months ago I discussed at some length the issues arising from the decision of the Supreme Court in Jackson v Murray [2015] PIQR P249. More recently in Sabir v Osei-Kwabena [2016] PIQR Q56, the problem cropped up again, this time in the Court of Appeal.’

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Zenith PI, 7th March 2016

Source: www.zenithpi.wordpress.com

Disabled people challenge bedroom tax at supreme court – The Guardian

‘The supreme court is to hear a legal challenge against the government’s bedroom tax from five people who argue it discriminates against the weak and vulnerable.’

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The Guardian, 29th February 2016

Source: www.guardian.co.uk

Supreme Court rejects ‘illogical’ precedent on death payments – Law Society’s Gazette

Posted February 25th, 2016 in accidents, appeals, asbestos, damages, news, personal injuries, Supreme Court by sally

‘The Supreme Court has ruled that a mesothelioma victim’s family was under-compensated because of the date when damages were calculated.’

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Law Society’s Gazette, 24th February 2016

Source: www.lawgazette.co.uk

Supreme Court rewrites law on multipliers in fatal accident cases – Legal Futures

‘The Supreme Court has overturned two House of Lords judgments in ruling that the multiplier in assessing damages for fatal accident claims should be calculated from the date of the trial, not the date of death.’

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Litigation Futures, 24th February 2016

Source: www.litigationfutures.com

Supreme Court gives guidance on the admissibility and use of expert evidence – Cloisters

‘Rachel Barrett discusses Kennedy v Cordia (Services) LLP, in which the Supreme Court has given detailed and practical guidance on the admissibility and use of expert evidence in the course of a judgment concerning the remit of employers’ duties to take care for their employees’ safety at work.’

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Cloisters, 10th February 2016

Source: www.cloisters.com

‘Absurd’ visa rules on income force UK citizens into exile, court told – The Guardian

Posted February 23rd, 2016 in appeals, families, human rights, immigration, news, Supreme Court, visas by sally

‘UK citizens are being forced into exile by the Home Office’s “irrational and absurd” minimum-income visa requirements, with some couples having no hope of ever being able to live together in Britain, the supreme court has heard.’

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The Guardian, 22nd February 2016

Source: www.guardian.co.uk

An Inconvenient Truth: The Danger of Using Undertakings in International Cases – Family Law Week

‘Sarah Lucy Cooper, barrister, of Thomas More Chambers considers the perils of relying on undertakings in cases with a foreign element.’

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Family Law Week, 18th February 2016

Source: www.familylawweek.co.uk

Mother hopes joint enterprise verdict will overturn son’s murder conviction – The Guardian

Posted February 22nd, 2016 in appeals, interpretation, joint enterprise, murder, news, Supreme Court by sally

‘The mother of one of the teenage boys convicted of murdering Garry Newlove has said she hopes a supreme court ruling against the so-called joint enterprise law will bolster the case for her son’s conviction to be thrown out.’

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The Guardian, 20th February 2016

Source: www.guardian.co.uk

Dolton Powell murder: Joint enterprise ruling causes charge rethink – BBC News

Posted February 22nd, 2016 in appeals, gangs, homicide, interpretation, joint enterprise, murder, news, racism, Supreme Court by sally

‘Prosecutors are reconsidering murder charges in the trial of eight people following a Supreme Court ruling on the joint enterprise law.’

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BBC News, 19th February 2016

Source: www.bbc.co.uk