The Reliability and Relevance of Historical Occupational Audiograms: Testing Times – Ropewalk Chambers

Posted August 1st, 2023 in chambers articles, disabled persons, industrial injuries, news, noise by sally

‘Audiometric testing of employees has played a central role in the management of risk of exposure of workers to excessive levels of noise in industry for many decades. Audiometry can detect early damage to hearing. Typically where used by prudent employers, the testing would have comprised self-recorded automated audiometry (such as Bekesy audiograms). The reliability and relevance of such historical occupational testing remains open to challenge by some medico-legal experts. This article examines the pros and cons of such historical testing in the context of assessing the merits of deafness claims where the results of such testing are at odds with more recent “diagnostic” audiograms.’

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Ropewalk Chambers, 19th July 2023

Source: ropewalk.co.uk

Watchdog shuts three solicitors firms accused in asylum sting – The Guardian

‘Three law firms in England accused of wrongdoing in dealing with asylum applications have been shut down by the solicitors’ watchdog.’

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The Guardian, 31st July 2023

Source: www.theguardian.com

Shoplifters who commit repeat offences to face prison – The Guardian

Posted August 1st, 2023 in burglary, imprisonment, news, recidivists, sentencing, theft, violent offenders by sally

‘Shoplifters, burglars and violent criminals who commit repeat offences will be handed mandatory prison sentences under plans being drawn up by ministers.’

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The Guardian, 1st August 2023

Source: www.theguardian.com

The Separability Principle: the Newcastle Express Case – Wilberforce Chambers

Posted August 1st, 2023 in arbitration, chambers articles, contracts, news by sally

‘Ever since the House of Lords decision in Fiona Trust & Holding Corporation v Privalov [2007] UKHL 40, the principle of the separability of arbitration agreements has been the subject of much debate. Attention continues to be drawn to the distinct nature of an arbitration agreement within a contract. In last month’s article in this series, the question of the governing law of an arbitration agreement as being potentially distinct from the governing law of the contract in which it appears was considered, in the context of the Singapore Court of Appeal’s important decision in Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1.’

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Wilberforce Chambers, July 2023

Source: www.wilberforce.co.uk

Litigating Remediation Contribution Orders – Tanfield Chambers

Posted August 1st, 2023 in building law, chambers articles, health & safety, news, repairs, tribunals by sally

‘Rob Bowker looks at who will apply and who will pay for remediation and remediation contribution orders under the Building Safety Act 2022.’

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Tanfield Chambers, 4th July 2023

Source: www.tanfieldchambers.co.uk

Taking risks and tax avoidance – Bhaur v Equity First Trustees (Nevis) Ltd [2023] EWCA Civ 534 – Wilberforce Chambers

Posted August 1st, 2023 in chambers articles, mistake, news, tax avoidance by sally

‘The recent case of Bhaur v Equity First Trustees (Nevis) Ltd [2023] EWCA Civ 534 provides a timely reminder of the difficulties and risks in seeking to use the equitable mistake doctrine to avoid the intended effects of a tax avoidance scheme.’

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Wilberforce Chambers, 31st July 2023

Source: www.wilberforce.co.uk

Consumer Duty: ‘most significant change’ to UK financial services regulation in a decade comes into force – OUT-LAW.com

Posted August 1st, 2023 in complaints, consumer protection, financial regulation, news, ombudsmen by sally

‘The Consumer Duty, which comes into force today, is the “most significant change to financial services regulation” in a decade, according to one legal expert.’

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OUT-LAW.com, 31st July 2023

Source: www.pinsentmasons.com

Environmental Law News Update – Six Pump Court

‘Following judgment on 24 July, the High Court, in an oral hearing, confirmed its decision on papers that ClientEarth, a non-profit environmental law organisation, with a minority shareholding in Shell Plc, a multinational oil and gas company, failed to establish a prima facie case in its derivative claim against Shell’s Directors regarding the company’s climate change risk management strategy.’

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Six Pump Court, 31st July 2023

Source: 6pumpcourt.co.uk

Wild camping allowed on Dartmoor again after court appeal succeeds – The Guardian

Posted August 1st, 2023 in appeals, commons, news, statutory interpretation by sally

‘Wild camping is once again allowed on Dartmoor after the national park won a successful appeal against a ruling in a case brought by a wealthy landowner.’

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The Guardian, 31st July 2023

Source: www.theguardian.com

Incompetent Litigation Leading to Strike Out of a Claim – Beware! – Becket Chambers

Posted August 1st, 2023 in adjournment, appeals, chambers articles, negligence, news, pleadings, striking out by sally

‘The recent decision in Brem v Clark & Anor [2023] EWHC 1358 (KB) is a good reminder of the matters that the court will consider when determining an application to strike out a ‘dubious’ claim in unusual circumstances and a subsequent appeal against the decision to strike out.’

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Becket Chambers, 4th July 2023

Source: becket-chambers.co.uk

UK imposes sanctions on Russian judges for sentencing of Putin opponent – The Guardian

Posted August 1st, 2023 in expert witnesses, judges, news, Russia, sanctions, sentencing, treason by sally

‘The UK government has imposed sanctions on those involved in the “deplorable” sentencing of the dual-national dissident Vladimir Kara-Murza after a Russian court dismissed his appeal against a 25-year sentence.’

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The Guardian, 31st July 2023

Source: www.theguardian.com

LSB has “no role” in regulating lawful use of NDAs, Bar Council says – Legal Futures

Posted August 1st, 2023 in barristers, Legal Services Board, news, non-disclosure agreements by sally

‘The Legal Services Board (LSB) has “no role” in “attempting to control or regulate lawyers involved in assisting clients in the lawful use of NDAs”, the Bar Council has said.’

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Legal Futures, 1st August 2023

Source: www.legalfutures.co.uk

Just Stop Oil protesters have appeals blocked over Dartford crossing sentences – The Guardian

Posted August 1st, 2023 in appeals, demonstrations, environmental protection, news, nuisance, roads, sentencing by sally

‘Two Just Stop Oil protesters who scaled the bridge at the Dartford crossing, closing it to traffic for more than a day and a half, have been refused permission to appeal against their sentences.’

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The Guardian, 31st July 2023

Source: www.theguardian.com

“Spiritual abuse” – the “lessons learnt” reviews – Law & Religion UK

‘On 21 July 2023, the Diocese of Oxford issued the Press Release Learning Lessons Review: Revd Michael Hall, (“the Hall Review”), concerning the safeguarding case review it commissioned in April 2022 into allegations of spiritual abuse connected with St Margaret’s, Tylers Green, High Wycombe between 1981 and 2000. The review was the most recent of such “lessons learnt” reviews from the Diocese[1] and provides a present-day perspective of the Church’s approach to spiritual abuse both during and after the events at St Margaret’s.’

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Law & Religion UK, 31st July 2023

Source: lawandreligionuk.com

Ava Mae Collard: Parents jailed for causing baby girl’s death – BBC News

‘A mum and dad who caused the death of their five-month-old baby girl have been jailed.’

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BBC News, 27th July 2023

Source: www.bbc.co.uk

Borough council not vicariously liable for abuse suffered by claimant, High Court rules – Local Government Lawyer

‘Barnsley Metropolitan Borough Council is not vicariously liable for sexual abuse inflicted on claimant DJ by an uncle who was a de facto foster parent, the High Court has found.’

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Local Government Lawyer, 27th July 2023

Source: www.localgovernmentlawyer.co.uk

Killer of Met police officer Sgt Matt Ratana given whole-life sentence – The Guardian

Posted July 28th, 2023 in autism, firearms, imprisonment, murder, news, police, sentencing by sally

‘A man has been sentenced to a whole-life order, meaning he will spend the rest of his life in prison, for the murder of Sgt Matt Ratana, whom he shot with a gun he smuggled into a custody centre while handcuffed.’

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The Guardian, 27th July 2023

Source: www.theguardian.com

Great grandmother had legs amputated after she was dragged under bus when driver refused to let her on – The Independent

‘An 83 year-old woman lost both her legs when she was dragged under a bus when the driver refused to let her on.’

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The Independent, 28th July 2023

Source: www.independent.co.uk

Cryptocurrency: Four members of £5m drugs gang jailed – BBC News

‘A drugs gang have been jailed for a multimillion pound operation which laundered profits in cryptocurrency.’

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BBC News, 27th July 2023

Source: www.bbc.co.uk

Croydon tram operator and TfL fined £14m over deadly 2016 crash – The Guardian

Posted July 28th, 2023 in accidents, fines, health & safety, London, news, railways, transport by sally

‘Transport for London and the operator of the Croydon tram have been fined a total of £14m for safety failings leading up to the 2016 crash in which seven people died.’

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The Guardian, 27th July 2023

Source: www.theguardian.com