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Law digests: 17 March 2023

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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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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