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

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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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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