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05 September 2013
Issue: 7574 / Categories: Case law , Law digest
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Fire brigade

"Wembridge Claimants” and others v Winter and another [2013] EWHC 2331 (QB), [2013] All ER (D) 04 (Aug)

Properly construed, under the Fire and Rescue Services Act 2004, the “health and safety regulations” could amend a duty under existing statutory provisions and, thus, breach of health and safety regulations would be actionable, save where the contrary was expressly excluded. Fire and rescue services had not been expressly excluded from the Act. Further, there was no necessary implication that no civil liability arose, either at common law or by the imposition of regulation, because the Act contained “target duties” only.

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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