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Turkish asylum seeker has no "right to reside" in the UK: Yesiloz v London Borough of Camden
On May 20th, the Court of Appeal dismissed an appeal brought by a Turkish asylum seeker from a ruling by a Social Security Commissioner (now Upper Tribunal Judge) who had concluded that she did not have a "right to reside" in the UK and so was excluded from entitlement to housing benefit.  Affirming the Commissioner's reasoning, the Court of Appeal held that...
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Shapoor v MIB: liability for failure to report RTA to police

In circumstances where an uninsured driver gave misleading information as to whether he was insured, the innocent claimant did not breach clause 13 of the Uninsured Driver Agreement 1999 in failing to report the accident to the police. The appeal concerned the correct construction of the condition precedent set out in clause 13 of the 1999 Agreement. Although the...

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CICA decision: false accusation of rape constitutes a 'crime of violence'

A CICA Panel has decided that to accuse someone falsely of rape is a "crime of violence" entitling the victim to be paid compensation from the Criminal Injuries Compensation Authority.  Nicholas Yell of 1 Chancery Lane drafted the Submissions that formed the basis of the CICA's decision.

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X & Y v Hounslow LBC: council did not owe a duty of care to protect adults with learning difficulties from attacks by third parties

In a judgment handed down on 2nd April 2009, the Court of Appeal has held that a council did not owe a duty of care in the tort of negligence to protect adults with learning disabilities who are living in the community from attacks by third parties.  The court held that a public authority which is trying to exercise its statutory powers and duties does not,...

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Cosmos Holidays Plc v Dhanjal Investments Limited [2009] 18 March

Court of Appeal: Clarke MR, Sullivan and Toulson LJJ. 

This appeal concerned the proper construction of an indemnity clause contained in a supply contract between C (a tour operator) and D (proprietor of a Hotel in Mombasa, Kenya). In April 2000 C organised 14 night package holidays for a party of 9 UK consumers. The consumers all stayed, on an all-inclusive...

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Peters v Dr P Halstead and East Midland Health Authority (Defendants) and Nottingham City Council (Third Party)

The Court of Appeal handed down a judgment on 3rd March in an important case about damages in the law of Tort and specifically as to the right of an individual to elect for damages to pay for a care home even if it was the same care home that was provided free by the local authority pursuant to its statutory duty.  The Court said that there was no duty to...

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Nationwide BS v Dunlop Haywards & Cobbetts: Contribution Issues between Negligent Defendant and Defendant Liable in Deceit

Contribution Issues between Negligent Defendant and Defendant Liable in Deceit - Nationwide BS v Dunlop Haywards & Cobbetts [2009] EWHC 254 (Comm)

The judgment of Christopher Clarke J.  in the above case merits detailed consideration.  It addresses a number of issues which are now arising with some frequency – damages recoverable in deceit...

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Chambers assists with development of new PI Calculator website

Chambers is very pleased to have assisted with the development of a website which will take much of the pain out of the calculation of PI damages - www.picalculator.co.uk.  The website was launched recently and promises to assist busy practitioners with the preparation of complicated schedules of damages.

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