Archive for the 'damages' Category

Family of Kevin Lavelle loses ‘dumbbell’ legal bid – BBC News

“The family of a man who died in a pub fight after being attacked with an iron dumbbell have lost their latest legal bid to find his killer.”

Full story

BBC News, 18th April 2011

Source: www.bbc.co.uk

Sex trafficking victim gets damages from Home Office – BBC News

“A Moldovan woman who was a victim of sex trafficking and forced into prostitution has obtained substantial damages from the Home Office.”

Full story

BBC News, 11th April 2011

Source: www.bbc.co.uk

Richardson v Chief Constable of West Midlands Police – WLR Daily

Richardson v Chief Constable of West Midlands Police [2011] EWHC 773 (QB); [2011] WLR (D) 116

“Before a police officer made an arrest, pursuant to section 24 of the Police and Criminal Evidence Act 1984, he had to consider, in accordance with the requirements of section 24(4), whether arrest was necessary or whether voluntary attendance at a police station would achieve the objective that he wished to secure.”

WLR Daily, 29th March 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.

Pritchard v Co-operative Group (CWS) Ltd – WLR Daily

Pritchard v Co-operative Group (CWS) Ltd[2011] EWCA Civ 329;  [2011] WLR (D)  110

“Where a claimant sued a defendant for damages for the torts of assault and battery then, as a matter of law, the defendant could not assert that there had been contributory negligence on the part of the claimant such that any damages awarded in respect of the assault and battery could be reduced to take account of that contributory negligence.”

WLR Daily,28th March 2011

Source: www.iclr.co.uk

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

Les Laboratoires Servier and another v Apotex Inc and others – WLR Daily

Les Laboratoires Servier and another v Apotex Inc and others [2010] EWHC 730 (Pat); [2011] WLR (D) 111

“The court would not award compensation under a cross-undertaking for the loss sustained by an unlawful business or where the beneficiary of the cross-undertaking had to rely to a substantial extent upon his own illegality in order to establish the loss, provided the unlawfulness was sufficiently serious to engage the ex turpi causa rule. What was sufficiently serious depended on the circumstances of the case, and in particular the state of knowledge of the claimant under the cross-undertaking at the relevant time; but the claimant’s conduct had to be assessed having regard to the fact that the claim was for compensation under a cross-undertaking.”

WLR Daily, 29th March 2011

Source: www.iclr.co.uk

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

Regina (Lumba (Congo)) v Secretary of State for the Home Department; Same v Same (No 2); Regina (Mighty (Jamaica)) v Same; [On appeal from Regina (WL (Congo)) v Secretary of State for the Home Department] – WLR Daily

Regina (Lumba (Congo)) v Secretary of State for the Home Department; Same v Same (No 2); Regina (Mighty (Jamaica)) v Same; [On appeal from Regina (WL (Congo)) v Secretary of State for the Home Department] [2011] UKSC 12;;  [2011] WLR (D)  100

 “The unlawful exercise by the Secretary of State of the power to detain foreign national prisoners gave rise to a private law action for the tort of false imprisonment without the need for proof of damage on the part of the prisoners, even though it could be demonstrated that they could and would still have been detained if the power had been lawfully exercised. However, in those circumstances the prisoners had suffered no loss or damage and were entitled to no more than nominal damages.”

WLR Daily, 23rd March 2011

Source: www.iclr.co.uk

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

Lily Allen wins damages over Mail Online article – The Guardian

“Lily Allen has won damages from Associated Newspapers in a privacy and copyright action relating to pictures of her home published by Mail Online.”

Full story

The Guardian, 23rd March 2011

Source: www.guardian.co.uk

Foreign prisoners win £1 over UK false imprisonment – BBC News

“The UK Supreme Court has ruled that the Home Office unlawfully imprisoned two foreign national prisoners in a ‘serious abuse of power’.”

Full story

BBC News, 23rd March 2011

Source: www.bbc.co.uk

Tchenguiz brothers can sue Iceland’s Kaupthing Bank – BBC News

“A High Court judge has ruled that the Tchenguiz brothers can sue Kaupthing Bank for £1bn ($1.6bn) damages.”

Full story

BBC News, 16th March 2011

Source: www.bbc.co.uk

Damages awarded in first UK Twitter libel action – Law Society’s Gazette

“A Welsh councillor has been ordered to pay damages in what is believed to be the first libel action resulting from comments posted on Twitter.”

Full story

Law Society’s Gazette, 15th March 2011

Source: www.lawgazette.co.uk

Miner Ray Noble’s family wins Retford asbestos case – BBC News

“The family of a miner who died years after an experiment with asbestos coating in a pit have won compensation three years after his death.”

Full story

BBC News, 10th March 2011

Source: www.bbc.co.uk

Damages awarded to Virgin Atlantic masseuses – BBC News

“Two beauty therapists who suffered repetitive strain injury after giving hours of massages to Virgin Atlantic passengers have been awarded damages.”

Full story

BBC News, 10th March 2011

Source: www.bbc.co.uk

Norwich plumber wins compensation from UEA – BBC News

“A plumber who was hurt when he slipped on a wet bin bag while working in a college library has won £5,217 from the University of East Anglia.”

Full story

BBC News, 3rd March 2011

Source: www.bbc.co.uk

Lawyer wins £10,000 damages from Solicitors from Hell owner – Law Society’s Gazette

“A judge has condemned the owner of the Solicitors from Hell website for his conduct when committing a serious libel against a young solicitor.”

Full story

Law Society’s Gazette, 17th February 2011

Source: www.lawgazette.co.uk

Tom Hicks wins right to pursue damages over Liverpool sale – The Guardian

“Tom Hicks, the former Liverpool owner, has been given the chance to launch damages claims over the sale of the Premier League club after orders barring action in the United Stated were partially lifted by a high court judge in London.”

Full story

The Guardian, 17th February 2011

Source: www.guardian.co.uk

£6.4m for kidney op blunder man – The Independent

“A man who nearly died during an operation to donate a kidney to his father has won £6.74 million High Court damages.”

Full story

The Independent, 14th February 2011

Source: www.independent.co.uk

Payout for prison officer stressed by accounts of sex crimes – The Guardian

“Steven Heaven, 44, wins undisclosed six-figure sum after being diagnosed with post-traumatic stress disorder.”

Full story

The Guardian, 4th February 2011

Source: www.guardian.co.uk

Damages awarded for woman scalded in bath – The Independent

“A disabled woman suffered appalling burns when careworkers lowering her into a scalding bath mistook her distress for an epileptic fit, the High Court heard today.”

Full story

The Independent, 3rd February 2011

Source: www.independent.co.uk

Law firm not liable to loan losses, says appeal court – Law Society’s Gazette

“A law firm that gave negligent advice to a bank before the bank lost £28m in loans advanced to two local authorities does not have to reimburse those losses, the Court of Appeal ruled last week.”

Full story

Law Society’s Gazette, 3rd February 2011

Source: www.lawgazette.co.uk

Former RAF man wins right to sue MoD over game injury – BBC News

“A Cornishman left paralysed in an It’s A Knockout-style game staged by the RAF has won the right to sue for damages.”

Full story

BBC News, 2nd February 2011

Source: www.bbc.co.uk

Jackson slams piecemeal civil litigation funding proposals – OUT-LAW.com

“Government proposals to modify Lord Jackson’s comprehensive package of civil litigation reforms would be a ‘disaster’, according to Lord Jackson.”

Full story

OUT-LAW.com, 2nd February 2011

Source: www.out-law.com

Haugesund Kommune and another v DEPFA ACS Bank (Wikborg Rein & Co, Part 20 defendants) – WLR Daily

Haugesund Kommune and another v DEPFA ACS Bank (Wikborg Rein & Co, Part 20 defendants) [2011] EWCA Civ 33; [2011] WLR (D) 25

“A firm of solicitors which erroneously advised a bank that municipalities would not be acting ultra vires if they entered into a swap arrangement with the bank was not liable for the losses resulting from the municipalities’ inability to make restitution once the void nature of the swap agreement came to light. Despite their negligence in relation to the vires of the municipalities, the solicitors had taken no responsibility for their creditworthiness or good faith or for the fact that the bank could not lawfully obtain execution against them when they defaulted on the arrangement.”

WLR Daily, 31st 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.

Email claims lead to £30,000 libel payout – OUT-LAW.com

“An interpreter has won £30,000 in libel damages over claims in an email sent to fellow interpreters which claimed that she abused her position in a trade body to further her private interests.”

Full story

OUT-LAW.com, 14th January 2011

Source: www.out-law.com

Thomson ordered to pay damages to sick Spain tourists – BBC News

“A judge has ruled that one of the UK’s largest tour operators should have warned holidaymakers about an outbreak of illness at a Spanish resort.”

Full story

BBC News, 14th January 2011

Source: www.bbc.co.uk

Matt Lucas wins payout over ‘grossly intrusive’ Daily Mail article – The Guardian

“Comedian and actor Matt Lucas today won substantial undisclosed damages and an apology over a ‘grossly intrusive’ and inaccurate Daily Mail article in the wake of his ex-partner’s death.”

Full story

The Guardian, 16th December 2010

Source: www.guardian.co.uk

Carroll v Kynaston – WLR Daily

Carroll v Kynaston [2010] EWCA Civ 1404; [2010] WLR (D) 325

“A party to a settlement agreement was not entitled to claim in a further action by way of damages the amount by which the costs awarded him fell short of the costs actually incurred by him.”

WLR Daily, 14th 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

Gay couple challenge Cornwall B&B accommodation refusal – BBC News

“A gay couple from Bristol have appeared in court alleging sexual-orientation discrimination after they were refused a double room at a Cornish B&B.”

Full story

BBC News, 13th December 2010

Source: www.bbc.co.uk

Abuse victim wins ‘six-figure’ pay-out from paedophile – BBC News

“A man from Cornwall has won damages from a ‘predatory paedophile’ whom police fear may have abused thousands of boys over a 35-year period.”

Full story

BBC News, 3rd December 2010

Source: www.bbc.co.uk

Northumbria Police face Stephen Mitchell damages claims – BBC News

“A police force which admitted failings over its recruitment of an officer who raped and assaulted vulnerable women is facing damages claims from his victims.”

Full story

BBC News, 28th November 2010

Source: www.bbc.co.uk

British atom bomb test veterans lose damages case – The Guardian

“Atomic bomb test veterans who blame their ill health on exposure to radioactive fallout today lost their case for damages against the Ministry of Defence.”

Full story

The Guardian, 22nd November 2010

Source: www.guardian.co.uk

BCL Old Co Ltd and others v BASF SE ( formerlyBASF AG) and others (No 2) – WLR Daily

BCL Old Co Ltd and others v BASF SE (formerly BASF AG) and others (No 2) [2010] EWCA Civ 1258; [2010] WLR (D) 290

“There was no power under the Competition Appeal Tribunal Rules 2003 to extend time for bringing proceedings for follow-on damages under the Competition Act 1998.”

WLR Daily, 15th 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.

Disabled prisoner to be paid £20,000 for discrimination at Belmarsh – The Guardian

“The prison service is to pay out £20,000 in damages to a prisoner who uses a wheelchair in compensation for the ‘degrading’ treatment he received while in Belmarsh jail in London.”

Full story

The Guardian, 8th November 2010

Source: www.guardian.co.uk

Lawyer fees could come out of client’s damages – Daily Telegraph

“Lawyers fighting civil actions may be handed a cut of their client’s damages for the first time in a bid to cut frivolous claims, the Justice Secretary has signalled.”

Full story

Daily Telegraph, 27th October 2010

Source: www.telegraph.co.uk

Shoplifter wins case over ‘disproportionate detention’ – The Independent

“A shoplifter with ‘a bad criminal record for offences of theft’ has won the right to damages against the Home Secretary under human rights laws.”

Full story

The Independent, 1st October 2010

Source: www.independent.co.uk

Ex MP Nigel Waterson wins damages from Met Police – BBC News

“A former MP who was arrested on suspicion of assaulting his teenage son and daughter has received damages and an apology from the police.”

Full story

BBC News, 24th September 2010

Source: www.bbc.co.uk

Iranian diplomatic impasse leads to damages ruling – The Independent

“Two iranian nationals are to receive compensation from the Government after a judge decided that both had been unlawfully detained while awaiting deportation for criminal convictions.”

Full story

The Independent, 23rd September 2010

Source: www.independent.co.uk

CPS pays compensation over sex assault case – The Independent

“The Crown Prosecution Service has agreed to pay £16,000 compensation to a woman over the handling of a serious sexual assault allegation, it was reported today.”

Full story

The Independent, 20th September 2010

Source: www.independent.co.uk

Payout after Nottingham doctor fails to diagnose tumour – BBC News

“A former clergyman left disabled after a delay in diagnosing a brain tumour has received undisclosed substantial damages from a Nottingham hospital.”

Full story

BBC News, 9th September 2010

Source: www.bbc.co.uk

Teen sues over playground accident blamed for personality disorder – Daily Telegraph

“A teenager is suing a council for £100,000 after claiming an accident in her school playground 11 years ago left her with a personality disorder which means she is unable to make friends.”

Full story

Daily Telegraph, 4th September 2010

Source: www.telegraph.co.uk

Omak Maritime Ltd v Mamola Challenger Shipping Co Ltd – WLR Daily

Omak Maritime Ltd v Mamola Challenger Shipping Co Ltd [2010] EWHC 2026 (Comm); [2010] WLR (D) 230

“An arbitral tribunal in assessing damages for breach of contract had been wrong to treat a claim for wasted expenses and a claim for loss of profits as two separate and independent claims which could not be ‘mixed’. Both claims were governed by the principle which required the court to make a comparison between the claimant’s current position and what it would have been had the contract been performed. Where steps had been taken to mitigate the loss which would otherwise have been caused by a breach of contract that principle required the benefits obtained by mitigation to be set against the loss which would otherwise have been sustained.”

WLR Daily, 6th August 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.

Daily Mail and Sun pay out to Tamil hunger striker – The Guardian

“Papers apologise to Parameswaran Subramanyam after falsely claiming he sustained himself with hamburgers during fast.”

Full story

The Guardian, 29th July 2010

Source: www.guardian.co.uk

Al Fayed loses damages in fight over Oxted oil field – BBC News

“Mohamed Al Fayed’s battle for compensation after a company drilled for oil under his Surrey estate has been thrown out by the Supreme Court.”

Full story

BBC News, 28th July 2010

Source: www.bbc.co.uk

Bocardo SA v Star Energy UK Onshore Ltd and another – WLR Daily

Bocardo SA v Star Energy UK Onshore Ltd and another [2010] UKSC 35; [2010] WLR (D) 204

“Damages for trespass occasioned by an oil company drilling underneath another party’s land were to be assessed on the basis that the right to drill for oil was a compulsory acquisition under statute and, therefore, any additional value of the right of access attributable to the oil extraction scheme was to be disregarded.”

WLR Daily, 28th July 2010

Source: www.lawreports.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.

Terror suspects could win damages after control orders ruling – The Guardian

“A court of appeal ruling today cleared the way for two international terrorism suspects to claim damages for having control orders wrongly imposed on them for three and a half years.”

Full story

The Guardian, 28th July 2010

Source: www.guardian.co.uk

Law student wins £10,000 after being branded a paedophile on Facebook – Daily Telegraph

“A law student left fearing reprisals after he was falsely named as a paedophile on Facebook has won a £10,000 libel damages payout at the High Court.”

Full story

Daily Telegraph, 28th July 2010

Source: www.telegraph.co.uk

Sex abuse claim for £5m against Catholic order faces court challenge – The Guardian

“A Roman Catholic religious order will today appeal a court decision that could see it pay up to £5m to a victim of alleged clerical sexual abuse, the largest compensation claim of its kind in Britain.”

Full story

The Guardian, 27th July 2010

Source: www.guardian.co.uk

Brad Pitt and Angelina Jolie win privacy damages – BBC News

“Brad Pitt and Angelina Jolie have accepted an undisclosed sum in settlement of their privacy claim against the News of the World.”

Full story

BBC News, 22nd July 2010

Source: www.bbc.co.uk

Orlando Figes to pay fake Amazon review damages – BBC News

“A leading historian who wrote anonymous reviews on the Amazon website praising his own work and criticising rivals is to pay libel damages and costs.”

Full story

BBC News, 17th July 2010

Source: www.bbc.co.uk

EasyJet founder wins Ryanair libel payout – The Independent

“EasyJet founder Sir Stelios Haji-Ioannou accepted undisclosed libel damages today over Ryanair advertisements which accused him of lying.”

Full story

The Independent, 15th July 2010

Source: www.independent.co.uk

CPS damages claim saga rumbles on – Law Society’s Gazette

“A judge has with a ‘heavy heart’ allowed the Crown Prosecution Service to continue defending an employment tribunal claim that has already been in court four times and cost the taxpayer more than £1m, including a record £600,000 in damages for racial discrimination.”

Full story

Law Society’s Gazette, 15th July 2010

Source: www.lawgazette.co.uk

Church of England pays damages over abuse claims – BBC News

“The Church of England has paid substantial damages to a woman who claims she was forcibly drugged and sexually abused whilst in the care of a church-run children’s home.”

Full story

BBC News, 7th July 2010

Source: www.bbc.co.uk

‘Essex boys’ murderer wins dental pain payout – BBC News

“A man serving a life sentence for the ‘Essex Boys’ gangland murders has won £44,500 damages from the Home Office for negligent dental care.”

Full story

BBC News, 25th June 2010

Source: www.bbc.co.uk

BA pays damages to passenger who was moved – The Independent

“A male passenger who claimed British Airways discriminated against him has received an apology and compensation from the airline.”

Full story

The Independent, 25th June 2010

Source: www.independent.co.uk

Kent bug scandal NHS boss awarded damages – BBC News

“The former boss of a Kent NHS trust where 90 people died in a superbug outbreak has been awarded more than £190,000 in damages.”

Full story

BBC News, 24th June 2010

Source: www.bbc.co.uk

Firearms policewoman wins record damages in sexism case – The Guardian

“A police force ordered to pay record damages for sexually discriminating against a woman firearms officer acted in a ‘high-handed, insulting and malicious way’, according to an employment tribunal judgment obtained by the Guardian.”

Full story

The Guardian, 21st June 2010

Source: www.guardian.co.uk


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