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15 August 2014
Issue: 7619 / Categories: Case law , Law digest , In Court
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Damages

DSD and another v Commissioner of Police for the Metropolis [2014] EWHC 2493 (QB), [2014] All ER (D) 18 (Aug)

Liability of concurrent tortfeasors for the same harm was discharged by a settlement which had been agreed with one of them. As a matter of principle, once a claimant’s claim had been fully satisfied by one of a number of concurrent tortfeasors, his cause of action for damages was extinguished against all of them. However, the authorities had firmly established that the court’s jurisdiction was not one based in tort, but by reference to the broader considerations of equity. Therefore, the authority regulating tortious damages as between concurrent tortfeasors might not be entirely to the point. In exercising its jurisdiction, the court had to take into consideration that damages obtained by a settlement with an impecunious criminal might frequently fall far short of an equitable award under the Act. Further, authority provided that it would be wrong to allow the sanction imposed by the disciplinary panel to influence the amount of the award. In relation to wider internal investigations, which were not related to discipline, the willingness to learn

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

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Flint Bishop—Deborah Niven

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Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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