Following a Court of Appeal ruling – landowners across England and Wales can now claim damages if the quick-spreading Japanese knotweed plant has encroached on their property. Rodger Burnett of Charles Lyndon, the law firm which represented Robin Waistell, who made a claim against Network Rail, acknowledged that the ruling means a householder could sue their neighbour but stressed that it would be firms like Network Rail who should have the greatest concerns.

The Daily Telegraph, Page: 9 The Times, Page: 5 Daily Mail, Page: 35 I, Page: 17 The Sun, Page: 26 Daily Express, Page: 26

Posted 04/07/2018

Aman Johal, the director of Your Lawyers, writes in a letter to City AM that, following Volkswagen’s admission to German prosecutors that 1.2m vehicles in the UK contain defeat devices that are illegal under British and European law, courts in England and Wales should now address the question of not to whether VW should pay compensation to affected owners, but how much.

City AM, Page: 14

Posted 19/06/2018

A refund scheme for litigants who were overcharged for their civil court fees is to be set up by the MoJ, after it emerged that claimants starting proceedings in the High Court and County Court since 2016 have been charged £308 rather than the £205 they should have been. The figure covers cases – usually personal injury claims – with a value estimated between £3,000 and £5,000. These litigants should have been paying the lower fee to begin proceedings but their claim was wrongly categorised as one for “any other remedy”. A MoJ spokesperson said: “We recently reviewed our guidance on fees for stage three claims and identified that we have been charging the incorrect court fee in some cases. As a result we issued revised guidance to the courts in March and we will be setting out details of a refund scheme for those who were overcharged in due course.”

Law Society Gazette

Posted 12/06/2018

 

The parents of an autistic woman who died after being struck by a lorry have won a legal bid to have the coroner overseeing her inquest replaced. Colette McCulloch’s family accused Ian Pears, the senior coroner overseeing the inquest, of delays and a “dismissive” and “biased” handling of the case. Merry Varney, of Leigh Day, Andrew and Amanda McCulloch’s solicitor, said: “Their allegation was based on the coroner being generally dismissive of the family’s concerns; their correspondence being perceived as a nuisance and the tone of his correspondence being inappropriately combative, adversarial and at times even sardonic.”

The Times, Page: 15

Posted 30/05/2018

 

A case alleging Google collected personal data from 4.4m iPhone users to help advertisers began in the High Court yesterday. The class action law suit, led by Richard Lloyd, former director of Which?, is suing the company for allegedly bypassing the privacy settings of Apple’s Safari browser to collect information about finances, shopping habits and location.

The Times, Page: 48 The Guardian, Page: 19 Daily Star, Page: 9 Daily Mirror, Page: 25 The Sun, Page: 11 The Scotsman, Page: 9

Posted 22/05/2018

Google will appear in the High Court today to fight a claim for compensation from millions of British iPhone users who accuse it of illegally harvesting personal data from Apple handsets.

The Times, Page; 4

Posted 21/05/2018

The SRA is considering investigating the Christian Legal Centre, the Christian campaign group that acted for the family of Alfie Evans in the high-profile life-support battle that ended with the boy’s death on Saturday. High Court judge Mr Justice Hayden was particularly critical of the role of law student Pavel Stroilov, who appeared to have taken the lead in representing Alfie’s parents, while, separately, Alder Hey Children’s Hospital’s legal team is considering bringing contempt of court proceedings against Stroilov after he ignored requests for his legal qualifications.

The Guardian, Page: 24 The Daily Telegraph, Page: 10 The Times, Page: 18

Posted 03/04/2018

Jonah Specter has won £25,000 in damages in the first successful case for discrimination over disabled access to an entertainment venue involving autism. Mr Specter was refused entry to a ride at Winter Wonderland in Hyde Park where asked for proof of his disability.

The Times, Page: 17

Posted 21/04/2018

Legal costs for package holiday sickness cases will be fixed under new rules aimed at deterring false claims. Similar controls are in place for other personal injury claims, but they will now be extended to cases when holidaymakers seek compensation. The Association of British Travel Agents (Abta) said the total cost of all claims was £240m in 2016 and the growth in cases risked raising holiday prices for all. Justice Minister Rory Stewart said those claiming compensation when they had not been being sick on holiday was fraud.

BBC News , Daily Mail, Page: 28, The Daily Telegraph, Page: 3, The Times, Page: 6 Daily Mirror

Posted 13/04/2018

Councils have spent over £43m in five years to settle legal claims brought by cyclists and motorists injured on Britain’s roads. Cyclists received an average of £11,000 in compensation for each successful claim against councils, 13 times higher than equivalent payouts for motorists.

The Times, Page: 4

26/03/2018