Sentences with phrase «successful claimant»
A successful claimant is a person who wins a case or receives compensation after making a claim. They are someone who is able to prove that their claim is valid and receives a favorable outcome. Full definition
The reforms prevent the recovery of success fees and insurance premiums paid by successful claimants to unsuccessful defendants.
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Acted for successful Claimant in action for libel against Ken Bates regarding the takeover and subsequent management of Leeds United.
LMAA Arbitration No. 4 — sole counsel for successful claimant buyers against Chinese yard in US$ 30m + claims under shipbuilding contracts for the construction of two chemical tankers.
Moore Blatch represent successful claimant Julie Coakley in action against her GP for failure to suspect meningitis
Other lawyers feel that claimants from countries where there is well established persecution of GLBT people will benefit from the new plan, as will successful claimants who will be able to move on with their lives in Canada at a much faster pace.
To help address this we have in the past introduced campaigns like «save our school trips» and «introduce a learning group» (whereby successful claimants received 50 per cent off their transport costs).
Other successful claimants include Ireland, New Zealand and Mexico.
«The few successful claimants,» she writes, «tend to have big bankrolls, meticulous records, and an exceptional run of luck.»
Julian Chamberlayne, head of the travel law team and partner at Stewarts Law, says that the biggest surprise in the new CPR for personal injury and clinical negligence lawyers is that the QOCS exceptions will still «expose successful claimants to interlocutory, issue based or proportional costs awards, but only up to the level of damages and interest awarded».
However, one can see how successful claimants in investor - state arbitrations who have had investments expropriated by governments could make a persuasive case for their funding to be picked up in a costs award, a fortiori where the acts complained of have caused the claimant's impecuniosity.
Where a portion of the settlement remains unclaimed, the paper suggests this could be apportioned to successful claimants rather than going to an «uninjured third party.»
Normally, if successful the claimant will be awarded costs and disbursements.
We and many successful claimants value Therium's role in providing the financing necessary to make these cases viable.
Option 1: Disbursing balance among successful claimants (increasing the lump sums from $ 2,000 to $ 5,673; and from $ 4,000 to $ 11,346).
Jamie Curle, a partner with DLA Piper LLP, commented: «Inevitably there will be an increase in the number of applications by successful claimants in funded arbitrations seeking recovery of funding costs following the decision in Essar.
Sole counsel for successful claimant.
The principle behind such a fund is that the Legal Services Commission will establish it, or «prime the pump», with sufficient funds to «ensure that meritorious qualifying cases can be properly supported and pursued and that the fund is replenished from a small percentage of the damages recovered by successful claimants».
Any such claims are subject to English procedural law and — in contrast to many other EU countries — the successful claimant is entitled to recover legal costs from the defendant.
Unfortunately there are drawbacks to the new legislation; the fund will only provide a proportion of the average amount of the compensation that a successful claimant might obtain at court and the legislation will also only apply to people who have been diagnosed with mesothelioma after 25 July 2012.
Acting for the successful claimants in the recent leading case regarding presumed undue influence: Hart and Samways v Burbidge [2013] 1628 (Ch).
However, the presumption should nonetheless be that such an offer probably will give the successful Claimant the benefits of Part 36.
He appeared for the successful claimant in the recent Court of Appeal of Webb which set out the principles to be applied when a claimant beats a Part 36 offer but does not succeed on all issues in the case.
That makes Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 792 — successful claimant's bill over # 467,000 inclusive of success fee and ATE in multi-track settled at # 20,000 — more important than food, shelter and a kindly judge.
the general presumption that a successful claimant only receives costs on the standard basis is displaced by [old] rule 36.21 (4);
Monckton's Ian Wise QC and Michael Armitage acted for the successful Claimant throughout the proceedings, instructed by Rebekah Carrier of Hopkin Murray Beskine solicitors.
Unfortunately, under the LAT rules there is no discretion to award legal costs to a successful claimant unless it is established that the insurer acted «unreasonably, frivolously, vexatiously or in bad faith», which is an extremely difficult hurdle to overcome.
He acted for the successful claimants in the landmark conspiracy and team poaching litigation Tullett Prebon v BGC and for the Swiss IDB ContiCap in ContiCap v GFI in its Unfair Competition Act claim.
• Acting for the successful Claimant in R (on the application of the Palestine Solidarity Campaign) v Secretary of State for Communities and Local Government [2017] EWHC 1502 (Admin), a challenge to guidance from the defendant Secretary of State which sought to prohibit the administering authorities of the local government pension schemes from adopting policies of boycott, divestment and sanction against foreign nations (led by Nigel Giffin QC).
In an Employment Tribunal, it is highly unusual that a successful claimant will be awarded legal fees from a losing Respondent.
Jason Coppel QC and Joseph Barrett acted for the successful Claimant, Bristol Missing Link Limited, instructed by Bevan Brittan LLP.
Re: MBRSS Group (Chancery Division): Appearing (as sole counsel) for the successful Claimant in an application to restrain presentation of a winding up petition
We acted for the claimant in the Court of Appeal, a case which set authority on the nature of expert evidence for the successful claimant.
Aside from injury to feelings, successful claimants can also pursue loss of earnings and there is no cap on compensation for discrimination.
Edward Denehan acted for the successful claimant who has obtained an injunction to restrain noise nuisance caused by helicopter pilot training at Denham Aerodrome.
Unless there are good grounds for opposing the enforcement of an Adjudicator's decision, then the TCC will seek to uphold the decision and a successful Claimant will generally recover costs incurred in the enforcement process.
In some cases, a successful claimant will also be able to recover these fees from the other side.
Successful claimants are entitled to compensation for past and future medical expenses, lost income, and pain and suffering.
The successful claimant, Norscot, was funded by Woodsford Litigation Funding.
Tom represented the successful Claimant / Applicant.
Beals Mortgage & Financial Planning LLP v. First Global Financial Services [2012] EWHC 3761 (Acted on behalf of the successful claimant in 20 day action for damages and an injunction for breach of confidentiality and database rights)
Successful claimants are generally entitled to damages for medical expenses, lost income, and pain and suffering.
To the contrary, it seems that the main objection here is that too many actual people have successfully claimed awards, of which lawyers have taken an overly large chunk (but not so overly large as to deprive the successful claimants of all or most of the proceeds).
He also acted for the successful Claimant in Owers v Bailey [2007] P&CR DG17, a rare example of a case in which aggravated damages were awarded for interference with an easement.