zaterdag 17 oktober 2009

General damages: 'Shoesmith facing legal bill threat'

I found an article that can be linked to unit 6 and 7 in the course book. It’s about general damages. General damages are compensations that are paid for a loss that is the natural and logical result of the breach of contract. The following is an example of this: if you’re fired, you’ll lose your wage. If you don’t find a new job in the next few weeks, you won’t have money to live(eg. Eat, drink, buy the necessary things you need). I will link this to an article I found in the Mirror.
This woman, Sharon Shoesmith, was fired last December. She was sacked, due to a damning report into her department commissioned by Children’s Secretary Ed Balls after the Baby P scandal. Last week, she went to the High Court to launch an application for juridical review against her former workplace. Her lawyers claim that her, being fired, was unlawful because it was a response to media pressure and she was not given a fair hearing. They say that Sharon Shoesmith will never work again and that she will face financial ruin because of what happened. According to Deborah Evenden, lecturer at De Montfort university, juridical review is not intended to provide compensation. She says that if the court decides there was a breach of contract, they can award damages but these are very rare.
I find it hard to have an opinion about this but I think she must have a fair chance to defend herself. I have to admit that I find it hard to believe that she didn’t have a chance to justify her actiions. I, personally, woud decide to do an investigation. If the result of that investigation shows that she was treated unfair, the court should definitely assign her a compensation that is equal to the salary she would have earned if she hadn’t been fired.


Source: http://www.mirror.co.uk/news/latest/2009/10/11/shoesmith-facing-legal-bill-threat-115875-21738903/

1 opmerking:

  1. Personally, i think that this article is a perfect link with what we have seen in class.
    On the other hand, i found this article very strange.
    I can't believe that this woman hadn't had a chance to defend herself.
    I agree with Alieke that an investigation would be a good idea for this case.

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