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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, dismissed the appellant mother’s appeal as she argued that

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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