Sentences with phrase «damages for the claimant»

In another key matter, the «very experienced» Sarah Coles acted in a claim for delay in diagnosis and treatment of sepsis resulting in lower and upper limb amputations, in which the firm obtained # 4.5 m in damages for the claimant.

Jennifer Bradley recovered damages for a Claimant who was dragged into and became trapped in a compactor machine at work

This case is also worth reviewing for the assessment of non-pecuniary damages for the Claimant's serious injuries.

A specialist fraud solicitor is able to move quickly, assemble a team of professionals for the investigation and secure assets and recover damages for the claimant.

Not exact matches

It has sold off another US$ 11 billion in assets, and plans to sell more as a way to finance a US$ 20 - billion trust to compensate claimants for damages.

Moreover, claimants will have to prove that there has been substantial damage to their reputation in the UK, and that the English High Court is the most appropriate jurisdiction for hearing the case.

Cause damage or fail to pay according states through the process of claimant is not eligible for second chance try work with very.

As well as highlighting the issue of asbestos in schools, the decision of the Supreme Court confirms that employers and others who have wrongfully exposed mesothelioma claimants to asbestos fibres, other than at a minimal level, will be wholly liable for the damage even if there was another source of exposure.

The appeals concerned claims for damages for mesothelioma where the claimants had some occupational exposure to asbestos (Mrs Sienkiewicz) or exposure when a pupil at Bowring Comprehensive School (Mrs Willmore).

In addition to personal - injury claimants, structured settlements are frequently set up for those who win big liability and damage judgments, for lottery winners and for lawyers and law firms who are owed large sums in fees.

(5) The relief requested by the consolidated group of claimants shall be limited to monetary damages equal to the net liquidating value of each individual claimant's account (s) as of the close of business on the day of the bankruptcy, but may also include a request for interest, costs and fees where appropriate under the Code;

In the course of judgment, the House of Lords unanimously upheld the pleaded head of loss for «stigma damages», under which the claimants claimed that their future employability had been handicapped by reason of the stigma attaching to the bank's activities and their innocent association with them.

Lawyers now intend to file new cases on behalf of claimants for spoliation of evidence and are gunning for punitive damages.

It is that general damages for distress are awarded in only two situations (i) where the claimant has suffered damage, presumably financial loss, and (ii) where the personal data have been processed for artistic purposes, literary purposes or the purposes of journalism.

The Alberta Insurance Act provided, in part, at s. 626.1 (now s. 570) that an award for a head of damages for which the claimant received benefits under a prescribed income continuation or replacement plan, or an income replacement plan or scheme, must be reduced by the aggregate of all payments both before and after the award.

Would she then still have to request injunctions only before the courts of her centre of interests and the establishment of the publisher, although the claimant only asks for partial damages in these jurisdictions?

Child claimants as well as adults should be able to recover damages for «lost years», says David Regan

The Court of Appeal refused to grant the injunctive relief sought by the claimant and held that the major factors relevant to the court's discretion were: - the extent to which damages were likely to be an adequate remedy for each party, and the ability of each party to pay; - the balance of convenience; - the maintenance of the status quo; and - any clear view the court was able to reach about the relative strength of each party's case.

In particular, compensation for economic loss occurring as a result of general legislative acts (such as the one in Achmea) is not easily forthcoming under EU law or national law, whereas in Achmea the tribunal awarded the claimant investor some 22 million euros in damages.

Duncan Lewis have experience in all aspects of judicial review claimant work, including obtaining emergency orders and other interim relief to prevent breaches of human rights, following up judicial reviews with actions for damages in both the County and High Court and successfully pursuing judicial review matters to the Court of Appeal and Supreme Court.

In PQR William negotiated a settlement for a brain - damaged claimant where the causation case was complicated by the unrelated presence of Septooptic dysplasia and a chromosomal defect.

The Claimant did not have a breakdown of the total settlement proceeds of $ 365,000 as he was provided a lump sum cheque from ICBC without mention of awards for the specific damages sustained.

F.S. 768.72 allows personal injury claimants in Florida to seek punitive damages against defendants for especially egregious wrongs.

The claimants argued, inter alia, that RDS owed a duty of care to those persons affected by the activities of SPDC, and therefore it should be liable for the damage caused.

It is clear that the English claimant expects to recover 100 % of their damages under the present regime, unlike the situation in Scotland where it is normal for there to be a percentage deduction to cover a success fee / insurance premium.

As well, I can not conclude that there should be an unequal division of family property merely because of the inability of the Claimant to show that part of the Settlement probably relates to damages other than compensation for «lost income».

This head of damage is intended to compensate the Claimant not only for the pain and suffering caused by the injury but also for the impact of the injury on the Claimant's enjoyment of life.

There are various rules and regulations that a claimant must abide by which include, but are not limited to: the amounts of damages a claimant can receive, who is eligible to file for the suit, and the time restrictions that apply.

-- ICC Commodities Arbitration: Sole counsel for the respondent in London arbitration concerned with gold trading and quantification of damages for breach of a major supply contract and involving extensive cross-examination of the claimant's witnesses.

Despite expert evidence, provided by a microbiologist, gastroenterologist and environmental health officer, which supported Bourne Leisure's defence, the claimants» solicitors continued on to trial and maintained that it would only settle for damages and costs, an offer which was refused by the client.

Following a motor vehicle accident the insurance declarations for benefits and other remarks, including announcements on social media, made by claimants can form part of the overall evidence respecting a claim for damages and losses.

In a stunning personal injury decision the Supreme Court has reduced a damage award for a brain injured 27 year old claimant.

The companies have reportedly already obtained a similar declaratory judgment, meaning that it may prove difficult for future claimants to recover damages from the beverage maker.

For example, if a claimant was awarded $ 100,000, but he or she was determined to be 30 percent comparatively negligent, the damages award must be reduced to $ 70,000.

defending / negotiating claim for head injury pursued by minor claimant for damages claimed exceeding # 3m;

Under Section 59 of the Estate Administration Act, a personal representative of a deceased claimant may continue or bring and maintain an action for a loss or damage to the person or property of the deceased in the same manner and with the same rights and remedies as the deceased, except for certain actions such liable and slander, pain and suffering, and loss of expectancy of earnings.

In all of the circumstances, and discounting the claimant's evidence to account for what the court believed to be his own exaggerated and dishonest description of some of his injuries, the judge did not see fit to award anything more than nominal damages in this case.

The claimant was a partner in a property development business and the damaged vehicle was used for partnership purposes and was one of a number of prestigious vehicles to which it had access.

It is clear that the EAT did not regard its conclusion as representing a satisfactory state of affairs, particularly where the joint or concurrent tortfeasors are at arms» length, eg as in Bullimore v Porthecary Witham Weld [2011] IRLR 18 where an ex-employer gave a damaging reference about the claimant to a prospective employer because the ex-employee had presented a sex discrimination claim against them and the prospective employer withdrew the offer for the same reason, and in circumstances where CLIA 1978 applies to discrimination claims brought in the ordinary courts.

In its simplest form, litigation funding involves a specialist funder financing some or all of (typically) a claimant's legal fees incurred in a dispute, in exchange for a share of the damages.

And since the test for slander in English law is more rigorous than that for libel because actual financial loss must be proved, potential claimants will have a tougher time winning damages.

The claimant claimed damages against the defendant on the grounds that but for the brain damage caused in the accident and the resulting personality change, he would not have committed the rapes.

In this action the defendant did not dispute, in principle, that the claimant was entitled to damages for imprisonment arising from crimes committed by reason of his head injury.

extent to which the claimant acted promptly and reasonably once he knew whether or not the act or omission of the defendant gave rise to an action for damages; and

While the courts remain slow to conclude that a dog bite or a fall from a horse is unlikely to cause severe injury, there is certainly scope for a defendant to argue in less obvious cases, such as, for example, a claimant being knocked over by a dog, that the damage was not likely to be severe and that consequently the claimant has failed to satisfy the requirements of s 2 (2)(a).

Liability was conceded by the defendant's insurers although they had clear doubts as to the genuineness of the claimant's injuries and believed that she was exaggerating both her disability and her consequential claim for damages.

He has acted for the Health and Safety Executive in major inquiries and recently acted for the claimants in Hamilton v Ferguson Transport which changed Scots law and procedure in fatal damages claims.

Article 292 of the Civil Code makes clear that a Claimant can seek damages for loss of profit, provided that the loss of profit arises from the harmful act.

Various options are proposed to tackle the issue: rehabilitation vouchers - these address the point of «phantom» attendance for rehabilitation, but may be complex to administer; all rehabilitation arranged and paid for by defendants - the MoJ notes that this would help speed up access to treatment and increase independence and transparency; no compensation payment towards rehabilitation in low value claims - the claimant would need to fund this and primary legislation would be needed to achieve this as at present there is no intention to restrict recovery of special damages; expand MedCo to include rehabilitation providers; and introducing fixed recoverable damages for rehabilitation treatment - the MoJ notes that this could be difficult and invites comment as to whether this would be achieved via a fixed cost per session or by fixing an upper value limit that can not be exceeded.

Emerald Supplies Limited v. British Airways and Ors: Junior Counsel for several hundred corporate claimants in large mutli - jurisdictional damages claim arising from the Air Cargo Cartel.