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Law digests: 17 March 2023

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17 March 2023
Issue: 8017 / Categories: Case law , In Court , Law digest
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Damages

Barry v Ministry of Defence [2023] EWHC 459 (KB), [2023] All ER (D) 12 (Mar)

The King’s Bench Division ruled that, where the defendant Ministry of Defence (MoD) had admitted that the claimant had suffered injury and loss as a result of exposure to excessive levels of noise, which had been due to the MoD’s negligence and breach of statutory duty, and where it had not shown that the claimant had been at fault within the meaning of s 1 of the Law Reform (Contributory Negligence) Act 1945, the claimant was entitled to compensation for his losses, without any reduction for contributory negligence. Accordingly, applying settled principles to the facts, quantum was assessed in the sum of £713,716. The court so ruled concerning the claimant’s claim for damages for noise-induced hearing loss and consequential losses sustained in the course of his service in the Royal Marines.

Family proceedings

Re P (a child) (fair hearing) [2023] EWCA Civ 215, [2023] All ER (D) 11 (Mar)

The Court of Appeal, Civil Division,

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