NO VARIATION TO COURT ORDER BECAUSE OF CORONOVIRUS: RESPONDENT DOES NOT GET TWO BITES OF THE CHERRY
It is likely that the Coronavirus epidemic is going to give rise to many issues in litigation. Some of them unusual and unprecedented. An example can be seen in the judgment today in Dinglis v Dinglis & Ors [2020] EWHC…
PROVING THINGS 68: CLAIM £4,177,782 RECEIVE £46,815: LEASE SAID SOONEST MENDED
If you are looking for a graphic example of a failure to prove damages you may well find it in the decision of Martin Rodgers QC in the Upper Tribunal (Lands) Chamber today in Bishop v Transport for London [2017] UKUT…
PROVISIONAL DAMAGES NOT AWARDED FOR RISK OF DETERIORATION IN PSYCHOLOGICAL CONDITION
In XX v Whittington Hospital NHS Trust [2017] EWHC 2318 (QB) Sir Robert Nelson considered the question of whether provisional damages should be awarded in relation to a possible deterioration in a claimant’s psychological condition. The fact that the deterioration was…
PROVING THINGS 54: GETTING £2 IN DAMAGES AFTER CLAIMING £15 MILLION: A MARATHON EFFORT WITH NO JACKPOT
The judgment of Mr Justice Leggatt in Marathon Asset Management LLP -v- Seddon [2017] EWHC 300 (Comm) has already attracted some publicity. It involved an award for £2 in nominal damages after the claimants had sought £15 million. It is…
REFORMS TO SOFT TISSUE PROCESS: LINKS TO OFFICIAL PAPERS AND COMMENTARY (FROM CLAIMANTS AND INSURERS)
The proposed reforms were set out in detail for the first time today. Here are links to the relevant documents and some of the commentary: Official publications The 49 page paper from the government is here The summary is here …
APPEALS, COUNTER-SCHEDULES AND A RESERVE POSITION: NOT MANNA FOR THE DEFENDANTS
We will be looking at the Court of Appeal decision in Manna -v- Central Manchester Hospitals NHS Trust [2017] EWCA Civ 12 twice today. Here I want to look at the difficulties the defendant had in arguing a point in…
YOU DON'T HAVE TO CLAIM INTERLOCUTORY RELIEF TO BE ENTITLED TO DAMAGES FOR BREACH
In Energysolutions EU Limited -v- Nuclear Decommissioning Authority [2015] EWCA Civ 1262 the Court of Appeal considered the issue of whether it is necessary for a party to litigate in order to be entitled to claim damages. The case concerns…
COSTS AS DAMAGES: SOME OBITER, BUT IMPORTANT, REMARKS
There are some important remarks on legal costs claimed as damages in Shaw -v- Kovac [2015] EWHC 3335(QB). (A case that is considered in more detail on Fatal Accidents Law. KEY POINTS In a fatal claim the costs of attending the…
GET AN INJUNCTION – PAY £27 MILLION IN DAMAGES: A POINT WORTH REMEMBERING
The judgment in AstraZeneca AB -v- KRKA dd Novo Mesto [2015] EWCA Civ 484 is one that should be read by anyone thinking of applying for an injunction and giving an undertaking in damages. The claimant obtained an injunction and…
WHAT CAN THE DEFENDANT ARGUE ABOUT DAMAGES AFTER A DEFAULT JUDGMENT 2: A CLINICAL NEGLIGENCE CASE
We have looked before at the question of what a defendant can argue in relation to damages after a judgment has been entered. A case reported today examines this issue in relation to judgment in a clinical negligence action. SYMES -V-…
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