Exemplary damages meaning

In this issue: Forfeiture Contractual issues Repairing obligations and dilapidations Service charges Key developments and horizon scanning Property disputes in Scotland LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts New and updated content Trackers Latest Q&As Forfeiture Valuing a claim for wrongful forfeiture (Tanfield (as executor of the Estate of Paul Watkins) v Meadowbrook Montessori Ltd) In Tanfield (as executor of the Estate of Paul Watkins) v Meadowbrook Montessori Ltd [2024] EWHC 1759 (Ch), [2024] All ER (D) 77 (Jul), the court threw out a landlord’s winding-up petition for £167,593.41 presented against a company established to operate a school. It held there was a firmly arguable position that the majority of the petitioned sum was not rent arrears, but consideration payable for shares in the company. The judge further acknowledged a cross-claim with a genuine prospect of success, quantified at no less than £546,000 in...

Meade v (1) Westminister City Council (2) Social Work England (ET Case No 2200179/2022, 2211483/2022) Employment Judge Richard Nicolle, in a remedy judgment released on 1 March 2024, decided that the social work regulator and Rachel Meade’s managers at the council must pay an injury to feelings sum of £40,000 together with aggravated damages. The judgment further makes the regulator liable for an additional £5,463 by way of exemplary damages. Nicolle J recorded that, in the tribunal’s view, every witness for the respondents failed to recognise that the claimant’s gender-critical beliefs were legitimate and views she was free to express, a failure which underpinned the awards made as clearly set out in the same published ruling...

This Practice Note outlines the options open to landowners faced with unlawful occupation by a trespasser or squatter, the issues that can follow from trespass, and the potential measures the owner may pursue, including physical repossession. It considers the Criminal Law Act 1977 (CLA 1977) and the exception for displaced residential occupiers, the use of police powers to arrest where suitable, the effect of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) in criminalising residential squatting, injunctions and interim injunctions, and damages, including the negotiating damages approach, mesne profits, exemplary and aggravated damages, anticipated damages, and res judicata defences. The ways a landowner can recover possession from a trespasser include: physical repossession arrest of the trespasser by the police for a criminal offence injunction possession claim (including a claim for an interim possession order) Beyond the remedies available to recover possession, a landowner may also claim damages for the trespass. Such claims may involve negotiating damages,...

Fraud in personal injury claims can cover a spectrum of conduct, from overstating particular heads of damage to wholly inventing an accident and the ensuing injuries and losses. The available remedies where dishonesty is in play have been radically altered by section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015). This provision can permit defendants to have otherwise meritorious claims struck out, to remove the shield of qualified one-way costs shifting (QOCS), and to invalidate a claimant’s legal expenses cover. See Practice Notes: Personal injury claims and the Criminal Justice and Courts Act 2015 and Qualified one-way costs shifting (QOCS). Duties and responsibilities of parties and legal advisers Pleadings—CPR By virtue of CPR 16.5(2), if a defendant disputes an allegation in the particulars of claim, they must give their reasons; and where they propose a different account from the claimant’s, they must set out their own version of events. there is no strict obligation to plead fraud within the defence, but ...

This Practice Note has been archived. It reviews the subsequent High Court judgment in IBM v Dalgleish, delivered on 20 February 2015 (widely termed the 'remedies judgment'), where Warren J determined the remedies open to members following the breaches identified in the principal judgment. In particular, it considers: the findings reached in the remedies judgment the issues left unresolved the further judgments on 18 and 19 May 2015 addressing outstanding matters from both the principal judgment and the remedies judgment the pending appeal proceedings, and the implications of the remedies judgment for employers, trustees and schemes In the principal judgment in IBM v Dalgleish, Warren J concluded that IBM's alterations to employees' defined benefit (DB) pension provision amounted to a breach of both its duty of good faith in the pensions context (referred to as the 'Imperial duty' in the judgment) and its contractual duty of trust and confidence. However, on 3 August 2017, the Court of Appeal...