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Victim of Unlawful Police Surveillance Wins Over £45,000 Damages

Official surveillance of private citizens is sometimes necessary, but is subject to tight legal restraints to guard against unwarranted invasions of privacy. In one recent case, a man who was, without authority, kept under police observation whilst commuting on a train to work was awarded more than £45,000 in compensation. A British Transport Police (BTP)...

Japanese Knotweed Property Blight – Landmark Court of Appeal Ruling

Japanese Knotweed is a pernicious nuisance that blights property values. However, a landmark Court of Appeal ruling has established that, if it encroaches onto your land from a neighbouring property, you are entitled to compensation. The case concerned two neighbours whose bungalows backed onto a railway embankment which, for more than 50 years, had been home to...

Financial Services – What Exactly Is Meant by a ‘Mutual’ Organisation?

Since the early days of the financial services industry there have been organisations that describe themselves as ‘mutual’ – but what exactly does that mean? The High Court considered that issue in the context of a passing off dispute. The case concerned an insurance company that specialised in providing financial products to members of the armed forces...

‘Crash for Cash’ Claims Handlers Ordered to Pay Exemplary Damages

Claims handling companies are expected to act with integrity and those that fail to do so can be hit with exemplary damages awards following a landmark Court of Appeal decision in a so-called ‘crash for cash’ case. The case concerned a claims handling company that had pursued damages claims totalling about £85,000 on behalf of clients who said they had been...

Asylum Family Wins £27,500 Following Home Office Data Handling Error

Vast quantities of personal data pass through the hands of government departments and it is only right that, where it is misused, compensation is payable. In one case on point, an asylum seeking family whose confidential information was mistakenly uploaded onto a Home Office website was awarded substantial damages. An Iranian father, his wife and teenage...

No Criminal Conviction Required for Forfeiture of Counterfeit Goods

Trade marks are all about protecting brands that are the product of original thought and have often taken a great deal of money to establish. In a guideline ruling that boosts that protection, the High Court has emphasised that forfeiture of counterfeit goods does not have to be based on a criminal conviction. The case concerned a businessman who had faced a...