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Civil Litigation Updates

Confidentiality of Lawyer/Client Relationship Prevails

Published on: 17 July 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Members of the public can rest assured that what they say to their lawyers will remain confidential after the High Court rejected a company’s bid to discover the identity of a blogger who revealed corporate secrets on the Internet.

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Air Passengers Delayed for 26 Hours Win Compensation

Published on: 08 July 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Air Passengers Delayed for 26 Hours Win Compensation

In an important victory for tourists and business travellers alike, a group of more than 100 air passengers whose flight home from Florida was delayed by 26 hours have each won Euros 600 compensation for the stress and inconvenience they endured.

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Employment Case Aborted After 30 Days of Evidence

Published on: 24 June 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

An ‘extraordinary’ case in which police officers contacted an employment judge in the midst of a lengthy hearing, passing information to her which was prejudicial to one of the parties, has resulted in important guidance being issued by the Employment Appeal Tribunal (EAT).

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Privacy Rights Extend Beyond the Grave

Published on: 18 June 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

In a landmark decision of enormous importance to the media’s reporting of many of the most sensitive cases, the Court of Protection has ruled for the first time that individual rights of privacy are capable of extending beyond the grave.

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Court Spotlight on Judicial Appointments System

Published on: 29 May 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

In a case which shone a rare spotlight on the judicial appointments process, a lawyer who was denied promotion to the full-time bench after he clocked up seven penalty points on his driving licence has failed in a High Court challenge to the decision.

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What is a Road Traffic Accident? Court Rules

Published on: 19 May 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

What is a Road Traffic Accident? Court Rules

A case in which a motorist suffered serious head injuries when his Land Rover was squashed beneath a falling sycamore tree gave rise to a novel test case in which a judge was asked to define what is, and is not, a ‘road traffic accident’.

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Jackson Reforms Will Be Strictly Enforced, Court Warns

Published on: 27 April 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Jackson Reforms Will Be Strictly Enforced, Court Warns

In a stern warning to litigants that Sir Rupert Jackson’s reforms of civil procedure are being robustly enforced, a firm of estate agents came within an ace of missing out on the chance of a £450,000 commission due to its failure to serve witness statements before the expiry of a judge-imposed deadline.

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Stroke Victim Validly Guaranteed Wife’s £1.3 Million Debt

Published on: 06 April 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

In a case which raised important issues relating to mental capacity and the execution of legal documents, a stroke victim’s plea that he had ‘no idea what he was signing’ when he guaranteed his wife’s £1.3 million debt has fallen on fallow ground at the High Court.

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Legal Aid Not Available in Homelessness Appeals

Published on: 18 March 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

In a case which threw into stark relief the grave consequences of legal aid cuts in the civil justice system, a leading firm of solicitors has failed to convince the High Court that public funding should be made available for those who appeal against local authority homelessness decisions.

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Sitting on Hands Not an Option Post Jackson Reforms

Published on: 06 March 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

In an important ruling, the High Court has made plain that, in the light of Sir Rupert Jackson’s reforms to the civil procedure rules and the ever increasing emphasis on prompt compliance, sitting on hands is no longer an option in civil litigation.

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Debt-Laden Musician Forced to Sell Precious Viola

Published on: 02 March 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

In a stern warning to those tempted to put up their treasured possessions as security for loans, a classical musician who played on the soundtracks of the Harry Potter and Lord of the Rings films had to sell her beloved viola to at least partially pay off her creditors.

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Court of Appeal Defines ‘Ordinary Residence’

Published on: 20 February 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

A squabble between four local authorities over which of them must bear the financial burden of paying for a severely disabled young man’s lifelong care has yielded authoritative guidance from the Court of Appeal on the vexed issue of exactly what constitutes a person’s ‘ordinary residence’.

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Damaged Fishing Boat Owners Score Court Success

Published on: 10 February 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Damaged Fishing Boat Owners Score Court Success

In a decision which raised interesting issues in respect of quantification of damages and mitigation of loss in negligent workmanship cases, the High Court has, subject to liability, ruled that the owners of a damaged fishing trawler are entitled to £435,000 in compensation.

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Court Tackles Fractured Law Firm Partnership

Published on: 06 February 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

A solicitor who was ‘squeezed out’ of his partnership with another lawyer by the latter’s repeated breaches of contract following a bitter falling-out between them is in line for substantial compensation following a Court of Appeal ruling.

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Tour Firm Pays Thousands for Ruined Honeymoon

Published on: 14 July 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Tour Firm Pays Thousands for Ruined Honeymoon

A couple whose luxury wedding in the Dominican Republic was ruined when they and several of their guests contracted a severe gastric illness have won tens of thousands of pounds in compensation from the tour operator.

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Changes to HM Courts and Tribunals Service Fee Remission Application Process

Published on: 06 July 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

With effect from 30 June, the HM Courts and Tribunals Service (HMCTS) fee remission application process has been simplified.

The main changes are:

  • It is no longer necessary to provide original copies of documents.
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Flight Delay Passenger Wins Resounding Victory

Published on: 19 June 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Flight Delay Passenger Wins Resounding Victory

In a decision of vital importance to airline passengers and the industry which carries them, the Court of Appeal has effectively extended by four years the time within which passengers can claim compensation for flight delays.

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Businessman Triumphs in Airline Delays Test Case

Published on: 10 June 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Businessman Triumphs in Airline Delays Test Case

The Court of Appeal has clarified the rights of air passengers whose flights are delayed in ruling that a businessman who endured 27 hours of ‘misery and annoyance’ after his flight home from Spain was delayed by a technical fault is entitled to compensation.

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When Do a Girlfriend and Boyfriend Become ‘A Couple’?

Published on: 20 May 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

When Do a Girlfriend and Boyfriend Become ‘A Couple’?

In a case which drew a clear distinction between the everyday and legal meanings of the word ‘couple’, a man has won the right to claim housing and council tax benefits after his girlfriend moved temporarily to London to study the law.

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Women Triumph in Anti-Wrinkle Treatment Dispute

Published on: 08 May 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Beauty salon customers who paid £4,000 for an anti-wrinkle treatment – which was hailed as a vegetarian-friendly collagen alternative but which contained traces of the blood serum of unborn calves – have scored a crucial victory in their compensation fight.

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Court Upholds Politician’s Right to ‘Attack the System’

Published on: 24 April 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

The right of politicians and others to express their opinions and ‘attack the system’ has been underlined by the High Court’s dismissal of a £600,000 slander action against a council leader who expressed forthright views in a public forum.

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Investment Mis-Selling Dispute ‘Cries Out for Mediation’

Published on: 20 March 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

In a case which highlighted the need for co-operation between opposing legal teams even in the most hotly contested litigation, the High Court has called for mediation and an end to procedural point scoring in a commercial dispute in which legal costs bills were projected to exceed £2 million.

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Court Pleads for Peace in Bowling Green Row

Published on: 09 March 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

In an extreme example of a friendly society whose members ended up on anything but friendly terms, three of the country’s most senior judges have pleaded for an end to five years of bitter recrimination that drove a working men’s club to the brink of managerial paralysis.

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Police Must Compensate Victims of Predator Cabbie

Published on: 03 March 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

In a landmark case, two women who were seriously sexually assaulted by London cab driver John Worboys have won the right to substantial compensation from the Metropolitan Police after the High Court ruled that ‘a series of systemic failures’ in the investigative process had caused avoidable delays in bringing him to justice.

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Slavish Deference to Deadlines Can Harm Justice

Published on: 26 February 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Litigants will have noted the recent toughening of the judicial approach to compliance with directions and case management orders. However, a High Court decision has underlined that a slavish deference to deadlines can itself cause delay and harm the interests of justice.

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Court Guidance on Public Sector Equality Duties

Published on: 17 February 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Court Guidance on Public Sector Equality Duties

In a case which gives useful guidance on the limitations of the scope of the equality duties owed by public authorities, a disability campaigner, who said that she would be effectively exiled from Colchester's main shopping area if blue badge parking bays were dispensed with, has had her judicial review challenge dismissed by the High Court.

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Court Cracks Down on Exaggerated Compensation Claims

Published on: 09 February 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Court Cracks Down on Exaggerated Compensation Claims

In a ringing warning that neither the insurance industry nor the courts will put up with exaggerated compensation claims, a cyclist who fraudulently sought more than £3 million in damages by ‘telling a pack of lies’ about injuries he suffered when he was hit by a lorry has been jailed for his flagrant contempt of court.

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Court Rules on Challenge to Employment Tribunal Fees

Published on: 06 February 2014 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

The controversial decision to introduce charges for access to Employment Tribunals (ETs) has survived a judicial review challenge by trade union UNISON. However, the High Court has urged that the system be kept under close review and has expressed ‘a strong suspicion’ that aspects of the fees structure may indirectly discriminate against women and minority groups.

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