Archive for the 'compensation' Category

British Bankers’ Association v Financial Services Authority and another – WLR Daily

British Bankers’ Association v Financial Services Authority and another [2011] EWHC 999 (Admin); [2011] WLR (D) 144

“The Financial Services Authority was not contrained by the existence of statutory powers in section 404 of the Financial Services and Markets Act 2000 from using other powers to deal with what it perceived as the widespread mis-selling of payment protection insurance (PPI) policies by banks. Neither the language of section 404 itself nor its role as part of the overall regulatory framework could warrant the implication in it of a restriction on all other powers merely because the circumstances warranting the operation of a section 404 scheme were satisfied.”

WLR Daily, 20th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

UK banks lose payment protection insurance challenge – BBC News

“UK banks have lost a judicial review that could have a major impact on whether more compensation has to be paid on mis-sold loan insurance..”

Full story

BBC News, 20th April 2011

Source: www.bbc.co.uk

Law Commissions call for new law to be written to give consumers right to compensation – OUT-LAW.com

“A new law should be created giving consumers the right to take misleading and aggressive businesses to court, the Law Commission and Scottish Law Commission have said.”

Full story

OUT-LAW.com, 18th April 2011

Source: www.out-law.com

Essex arrest error woman gets pay-out from police – BBC News

“A woman has received compensation from Essex Police after a series of errors led to her being arrested and imprisoned.”

Full story

BBC News, 12th April 2011

Source: www.bbc.co.uk

Jones v First-tier Tribunal – WLR Daily

Jones v First-tier Tribunal [2011] EWCA Civ 400; [2011] WLR (D) 131

“An offence of inflicting grevious bodily harm, contrary to section 20 of the Offences against the Person Act 1861, was a ‘crime of violence’ for the purposes of the Criminal Injuries Compensation Scheme 2001.”

WLR Daily, 12th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

NHS faces £85.8m compensation bill over maternity blunders – The Guardian

“The NHS is facing a spiralling bill for blunders made by maternity-unit staff during labour that result in a baby dying or suffering brain damage or disability, the Guardian can reveal.”

Full story

The Guardian, 14th April 2011

Source: www.guardian.co.uk

Consumer Redress for Misleading and Aggressive Practices – Law Commission

“The consultation invites views on reforming the law for consumers on redress for misleading and aggressive commercial practices.”

Full story

Law Commission, 12th April 2011

Source: www.justice.gov.uk/lawcommission

Price of suing the NHS too high – The Guardian

“Suing the NHS for medical negligence may become too costly in the wake of cuts to both legal aid and lawyers’ success fees.”

Full story

The Guardian, 29th March 2011

Source: www.guardian.co.uk

Kenneth Clarke unveils plans to tackle compensation culture – The Guardian

“Proposals to tackle Britain’s ‘damaging compensation culture’, control legal costs and divert cases from courtrooms into online resolution have been unveiled by the justice secretary.”

Full story

The Guardian, 29th March 2011

Source: www.guardian.co.uk

MoD pays £1.3m compensation to Afghans for death, injury and damage – The Guardian

“Afghan civilians compensated for deaths, injuries and property damage caused by British forces received £1.3m last year from the Ministry of Defence – but this was, on average, less than half of what they asked for.”

Full story

The Guardian, 28th March 2011

Source: www.guardian.co.uk

Cornwall man jailed for shooting sister’s donkey dead – BBC News

“A man from Cornwall has been jailed for shooting his sister’s donkey dead after an argument.”

Full story

BBC News, 23rd March 2011

Source: www.bbc.co.uk

Heartlands Hospital in £7m brain damaged boy pay-out – BBC News

“The family of a boy who suffered severe brain damage due to hospital failures have received a £7m settlement.”

Full story

BBC News, 16th March 2011

Source: www.bbc.co.uk

Woman used as ‘slave’ wins case against former hospital director – The Guardian

“A former hospital director has been convicted of trafficking a woman from Tanzania to Britain and using her as a ‘slave’, in the first case of its kind to come before a court.”

Full story

The Guardian, 17th March 2011

Source: www.guardian.co.uk

Killer wins ‘distress’ payout over parole delay – Daily Telegraph

“A criminal who killed a man in a pub brawl has won taxpayer-funded compensation because a delayed parole hearing breached his human rights.”

Full story

Daily Telegraph, 16th March 2011

Source: www.telegraph.co.uk

One error on letter doomed cancer mother – Daily Telegraph

“A key stroke error on a computer cost a breast cancer sufferer her life after two urgent letters asking her to go to hospital appointments were sent to the wrong address.”

Full story

Daily Telegraph, 15th March 2011

Source: www.telegraph.co.uk

Gay couple end hotel payout claim – The Independent

“A homosexual couple who successfully sued the Christian owners of a hotel who refused them a bed are withdrawing a claim for more compensation, the Equality and Human Rights Commission said today.”

Full story

The Independent, 11th March 2011

Source: www.independent.co.uk

Twitter libel: Caerphilly councillor pays rival £3,000 – BBC News

“A Caerphilly county councillor is to pay £3,000 and costs to a political rival for posting a libellous comment on Twitter.”

Full story

BBC News, 10th March 2011

Source: www.bbc.co.uk

Injured North Yorkshire Police officer awarded £370,000 – BBC News

“A police sergeant who was forced to retire after he was seriously injured in a motorbike accident has been awarded £370,000 in compensation.”

Full story

BBC News, 11th March 2011

Source: www.bbc.co.uk

UK troops injured in Iraq and Afghanistan get over £20m – BBC News

“UK troops injured in Afghanistan due to Ministry of Defence negligence have been paid more almost £10.5m in compensation over the last four years, the BBC has learned.”

Full story

BBC News, 9th March 2011

Source: www.bbc.co.uk

School asbestos compensation puts councils under pressure – The Guardian

“The government faces pressure to assess the risk of asbestos in schools following a landmark legal victory for the family of a woman who died after ‘low-level’ exposure as a secondary school pupil.”

Full story

The Guardian, 9th March 2011

Source: www.guardian.co.uk

Families win asbestos payouts in Supreme Court hearing – BBC News

“Two families have won ground-breaking claims for compensation after loved ones died from cancer after exposure to ‘low level’ asbestos on Merseyside.”

Full story

BBC News, 9th March 2011

Source: www.bbc.co.uk

Miners’ compensation: why did some solicitors take too big a slice of the pie? – The Guardian

“Despite delivering £4bn for sick miners and their families, exploitation by some solicitors cast a shadow over the profession.”

Full story

The Guardian, 8th March 2011

Source: www.guardian.co.uk

Bmibaby court defeat gives hope to passengers let down by flight sites – The Guardian

“A woman who was overcharged by £1,300 on bmibaby’s website – when she was booking flights so a friend could visit his terminally ill father – has won a court victory against the budget airline.”

Full story

The Guardian, 5th March 2011

Source: www.guardian.co.uk

£1m claim commuter awarded £11,000 – The Independent

“A commuter who sued London Underground for £1 million damages after he was grabbed by an employee at a ticket barrier has won just £11,925 in compensation.”

Full story

The Independent, 25th February 2011

Source: www.independent.co.uk

Appeal Court rules in favour of homeowner sued over “cowboy” builder accident – Daily Telegraph

“Home owners are not responsible for the safety of workmen on their property, the Court of Appeal has ruled, throwing out a Polish builder’s claim for compensation from a woman who refused to let him walk on her pristine white carpets.”

Full story

Daily Telegraph, 23rd February 2011

Source: www.telegraph.co.uk

Home owners receive compensation after they were sold mortgages they couldn’t afford – Daily Telegraph

“Home owners who were sold mortgages during the property boom that they couldn’t afford are to be given compensation following a ruling by the City watchdog.”

Full story

Daily Telegraph, 22nd February 2011

Source: www.telegraph.co.uk

IT student loses compensation bid after getting a 2:2 degree – Daily Telegraph

“An IT student who says he can’t get a job because he got a second class degree has had his bid for £5m damages from the university he claims let him down thrown out by a High Court judge.”

Full story

Daily Telegraph, 16th February 2011

Source: www.telegraph.co.uk

Boss forced to pay £13k to compensate stealing employee – Daily Telegraph

“A boss who took an employee he caught stealing to the police station with a sign saying ‘Thief’ around his neck has paid £13,000 after the criminal sued for ‘humiliation’.”

Full story

Daily Telegraph, 15th February 2011

Source: www.telegraph.co.uk

Compensation paid over stillbirth – The Independent

“An NHS Trust has paid out a five-figure compensation settlement to a couple whose son was stillborn following a series of ‘basic errors’ in ante-natal care.”

Full story

The Independent, 14th February 2011

Source: www.independent.co.uk

Coalminer court actions set for ‘special hearing’ – Law Society’s Gazette

“All pending court actions brought by former coalminers who allege their solicitors did not claim adequate government compensation on their behalf have been suspended pending a special hearing in April, the Gazette has learned.”

Full story

Law Society’s Gazette, 27th January 2011

Source: www.lawgazette.co.uk

Barclays’ £60m compensation bill – BBC News

“Thousands of people investing their retirement savings were given poor advice by Barclays, which must now pay millions of pounds in compensation.”

Full story

BBC News, 18th January 2011

Source: www.bbc.co.uk

M v Hackney London Borough Council and others – WLR Daily

M v Hackney London Borough Council and others [2011] EWCA Civ 4; [2011] WLR (D) 2

“A hospital trust was entitled to rely upon an application for the admission for treatment of a patient under the Mental Health Act 1983 which appeared to comply with section 6(3) of the Act as being a lawfully made application pursuant to the provisions of the Act. Where such an application, completed by an approved mental health professional (AMHP), had failed to comply with those provisions, the failure rendered the patient’s detention unlawful and imposed the responsibility for the unlawful detention upon the AMHP. The statutory defence in section 139(1), which relieved the AMHP from civil liability unless he or she had acted in bad faith or without reasonable care, would be read down by virtue of section 3 of the Human Rights Act 1998 so as to permit a claim by the detained person for compensation from the AHMP.”

WLR Daily, 17th January 2011

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.

Isle of Wight brain injury worker in £7m payout – BBC News

“A boatyard worker who suffered brain damage when he was hit by a falling gantry has won £7.2m in damages.”

Full story

BBC News, 14th January 2011

Source: www.bbc.co.uk

Clampdown on claims marketing – Ministry of Justice

“Firms that offer cash incentives to attract people to make compensation claims through them – including for personal injuries – will be stopped under new proposals.”

Full press release

Ministry of Justice, 6th January 2011

Source: www.justice.gov.uk

Incentives to sue to be banned as UK tackles compensation culture – OUT-LAW.com

“Claims management companies will be prevented from offering clients cash incentives to bring damages claims if a Ministry of Justice (MoJ) proposal to tighten up the rules comes into effect.”

Full story

OUT-LAW.com, 6th January 2011

Source: www.out-law.com

Women win £200,000 payout over pill implant pregnancies – Daily Telegraph

“Nearly £200,000 in compensation has been paid to women who have become pregnant or been hurt after they were fitted with a popular contraceptive implant.”

Full story

Daily Telegraph, 5th January 2011

Source: www.telegraph.co.uk

Land of Leather ‘toxic sofa’ customers win payout – The Guardian

“More than 400 customers who suffered burns and injuries from sofas bought from collapsed firm finally win compensation.”

Full story

The Guardian, 15th December 2010

Source: www.guardian.co.uk

Man left brain damaged at birth awarded £5.7m payout – BBC News

“A man brain damaged at birth due to complications has been awarded a £5.7m payout from health chiefs.”

Full story

BBC News, 14th December 2010

Source: www.bbc.co.uk

Ricky Hatton settles £1.4m wages claim – The Independent

“Ex-boxer Ricky Hatton has settled a £1.4 million claim for unpaid wages from his former trainer. Hatton today reached an undisclosed but ‘mutually acceptable’ deal with Billy Graham on the third day of a hearing at Manchester’s Civil Justice Centre.”

Full story

The Independent, 8th December 2010

Source: www.independent.co.uk

Childless couples win the right to pay surrogate mothers – Daily Telegraph

“Childless couples will be able to pay surrogate mothers large sums of money to have babies for them, following a landmark High Court ruling.”

Full story

Daily Telegraph, 8th December 2010

Source: www.telegraph.co.uk

G20 photographer awarded £30,000 for injury by police – The Guardian

“A photographer who was struck in the face by a police shield during the G20 protests last year has been awarded £30,000 compensation by the Metropolitan police.”

Full story

The Guardian, 7th December 2010

Source: www.guardian.co.uk

R (Moore) v Skipton Fund Ltd – WLR Daily

R (Moore) v Skipton Fund Ltd [2010] EWHC 3070 (Admin); [2010] WLR (D) 308

“For the purposes of a claim for an ex gratia payment from public funds, there was nothing irrational or unfair in requiring certain people infected with hepatitis C through treatment with NHS blood or blood products prior to September 1991, to show that spontaneous clearance of the virus after a period of six months had occurred.”

WLR Daily, 2nd December 2010

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.

The Bridgewater Canal Co Ltd v GEO Networks Ltd – WLR Daily

The Bridgewater Canal Co Ltd v GEO Networks Ltd [2010] EWCA Civ 1348; [2010] WLR (D) 306

“On the proper construction of the Electronic Communications Code, set out in Sch 2 to the Telecommunications Act 1984 as amended by the Communications Act 2003, the special regime which applied to linear obstacles differed not only from the general regime but also from the other special regimes for which the code provided. When determining, under para 13(2)(e of Sch 2), an award of compensation or consideration in respect of the right to carry out works and the loss sustained by reason of doing so in implementation of the right to install and keep, there was no reason to interpolate into the words ‘the right to carry out the works’ in para (13)(2)(e) the additional words ‘and to keep the same’. Accordingly, an operator of a communications network installing a cable through an existing duct under a canal was liable to pay to the person with control of the land compensation only for the right to execute the works and not also for the right to keep them on the relevant land as and when executed.”

WLR Daily, 1st December 2010

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.

No compensation for hepatitis C blood transfusion woman – BBC News

“A woman who was infected with hepatitis C during a blood transfusion more than 20 years ago has lost a High Court bid for compensation.”

Full story

BBC News, 1st December 2010

Source: www.bbc.co.uk

Shanks v Unilever plc and others – WLR Daily

Shanks v Unilever plc and others [2010] EWCA Civ 1283; [2010] WLR (D) 300

“‘That person’ in s 41(2) of the Patents Act 1977 meant the actual assignee with its actual attributes rather than a notional non-connected counterparty operating in the appropriate market at the appropriate time.”

WLR Daily, 26th November 2010

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.

Inventor entitled to share of employer’s actual, not potential patent earnings, says Court of Appeal – OUT-LAW.com

“The inventor of a medical device is entitled to a ‘fair share’ of the actual benefit earned from that device by his employer, the Court of Appeal has ruled. An inventor cannot complain if his employer did not exploit the invention well or at all, it said.”

Full story

OUT-LAW.com, 29th November 2010

Source: www.out-law.com

The Spectator apologises for falsely accusing Muslim of antisemitism – The Guardian

“Apology follows settlement in which magazine and contributor Melanie Phillips agreed to pay Mohammad Sawalha compensation and his legal costs.”

Full story

The Guardian, 26th November 2010

Source: www.guardian.co.uk

Tribunal awards maid £7,500 in ‘real-life Downton Abbey’ case – The Independent

“A modern day Downton-esque tale of conniving colleagues came to a head yesterday, when a princess was ordered by an industrial tribunal to pay £7,500 compensation to a former maid who fell victim to a ‘below stairs’ plot by jealous colleagues.”

Full story

The Independent, 25th November 2010

Source: www.independent.co.uk

Ex-model challenges infected blood damages scheme – The Independent

“A former model infected with hepatitis C after being given a blood transfusion more than 20 years ago is challenging the legality of the Government’s compensation scheme.”

Full story

The Independent, 23rd November 2010

Source: www.independent.co.uk

Maidstone hospital error leads to £4.5m pay-out – BBC News

“The husband of a woman left brain damaged by a delay in treating a tumour has said a £4.5m compensation pay-out cannot make up for what she has lost.”

Full story

BBC News, 18th November 2010

Source:

Government suffers Lords defeat over ID card refunds – BBC News

“The government has been defeated in the Lords over its refusal to offer people who bought ID cards a refund.”

Full story

BBC News, 17th November 2010

Source: www.bbc.co.uk

Bill for settling Guantanamo Bay ‘torture’ cases could top £30m – The Independent

“Compensation payments and legal costs for 16 British citizens and residents who claim they were tortured at Guantanamo Bay could leave the Government footing a bill of up to £30m.”

Full story

The Independent, 17th November 2010

Source: www.independent.co.uk

Guantánamo Bay detainees to be paid compensation by UK government – The Guardian

“The government will announce today that it will pay millions of pounds in compensation to former Guantánamo Bay detainees following weeks of negotiations between lawyers for the government and the former prisoners.”

Full story

The Guardian, 16th November 2010

Source: www.guardian.co.uk

Partner of Rachel Nickell to take Met to European court – The Independent

“The partner of murdered Rachel Nickell today said he would take his compensation claim against the Metropolitan Police to the European Court of Human Rights.”

Full story

The Independent, 16th November 2010

Source: www.independent.co.uk

Regina (Gallagher and another) v Basildon District Council – WLR Daily

Regina (Gallagher and another) v Basildon District Council [2010] EWHC 2824 (Admin); [2010] WLR (D) 28

“There was no obligation on a local authority to implement recommendations of a local commissioner, nor was it necessary for a local authority to have cogent reasons for refusing to follow such a recommendation; but if a local authority gave reasons for rejecting a recommendation, the court was entitled to examine whether it had taken into account irrelevant considerations or failed to take account of relevant considerations, or its decision was irrational.”

WLR Daily, 10th November 2010

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.


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