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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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