When is Relief Not Relief? – Pump Court Chambers

‘Relief from Sanctions applications continue to take up a disproportionate amount of court time both in the lower Courts and on appeal. It is rare for a week to go by without some aspect of CPR 3.9 and Denton and others v TH White Ltd and another [2014] EWCA Civ 906 (Denton) being the subject of scrutiny. The all-pervasive nature of Denton has led to such applications being made when arguably it was unnecessary or erroneously applied.’

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Pump Court Chambers, 13th February 2024

Source: www.pumpcourtchambers.com

Councils call for “realistic and achievable timetable” and allocation of new burdens funding for implementation of Awaab’s Law – Local Government Lawyer

‘The Local Government Association has called on the Government to work with the social housing sector to set a “realistic and achievable timescale” for implementation of Awaab’s Law.’

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Local Government Lawyer, 6th March 2024

Source: www.localgovernmentlawyer.co.uk

Long Covid: Health staff go to court for compensation – BBC News

‘Nearly 70 healthcare workers with long Covid will take their fight to the High Court later to sue the NHS and other employers for compensation.’

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BBC News, 5th March 2024

Source: www.bbc.co.uk

Woodbridge soldier’s heatstroke death was avoidable – report – BBC News

Posted March 4th, 2024 in armed forces, health & safety, medical treatment, news, reports by tracey

‘A soldier who died from exertional heatstroke may have survived if he had been treated earlier, a report found.’

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BBC News, 2nd March 2024

Source: www.bbc.co.uk

Company fined £450,000 and director and site manager sentenced following death of labourer – Crown Prosecution Service

‘A company has been fined £450,000 and the firm’s director has received a suspended prison sentence after a labourer was crushed to death at a construction site.’

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Crown Prosecution Service, 15th February 2024

Source: www.cps.gov.uk

Swindon man fined £20,000 after boat crashed into rocks – BBC News

‘A man has been ordered to pay £20,000 after crashing his boat on to rocks and seriously injuring three passengers.’

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BBC News, 18th February 2024

Source: www.bbc.co.uk

Consultation on Martyn’s law published but questions remain – OUT-LAW.com

‘The UK government’s consultation on proposed changes to the requirements for standard tier premises under draft anti-terrorism legislation confirms a commitment to proportionality. However, questions remain, including on what businesses must do to protect against acts of terrorism, an expert has said.’

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OUT-LAW.com, 14th February 2024

Source: www.pinsentmasons.com

North Yorkshire farmer, 70, fined after woman trampled by cows – BBC News

Posted February 15th, 2024 in agriculture, animals, fines, health & safety, news by sally

‘A 70-year-old farmer has been fined after a dog walker was seriously injured when she was trampled by cows.’

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BBC News, 14th February 2024

Source: www.bbc.co.uk

Royal Marines to fight MoD in court in asbestos claim – BBC News

‘A group of 260 Royal Marines have issued proceedings against the Ministry of Defence (MoD) amid claims they were “knowingly” exposed to asbestos.’

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BBC News, 12th February 2024

Source: www.bbc.co.uk

Primodos patients ‘betrayed’ after being left out of health scandals redress report – The Guardian

‘Campaigners have accused the UK government of betraying them after a review of redress for victims of health scandals excluded families who may have been affected by the hormone pregnancy test Primodos.’

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The guardian, 7th February 2024

Source: www.theguardian.com

Woman hit by two Tube trains takes TfL to High Court – BBC News

Posted February 8th, 2024 in accidents, health & safety, London, news, personal injuries, railways by sally

‘A woman who lost an arm and leg after being run over by two Tube trains has issued a legal claim at the High Court against Transport for London (TfL).’

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BBC News, 7th February 2024

Source: www.bbc.co.uk

Wasted costs against representative acting according to client’s instructions refused – Law Society’s Gazette

‘An employment judge has refused an application for wasted costs against a lay representative after finding he only “did his client’s bidding.”’

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Law Society's Gazette, 22nd January 2024

Source: www.lawgazette.co.uk

Asylum accommodation to be excluded from social housing landlords crackdown – The Guardian

‘Accommodation used to house tens of thousands of asylum seekers, often the worst in the UK when it comes to damp and mould, will be excluded from a crackdown on landlords managing social housing, the Guardian has learned.’

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The Guardian, 15th January 2024

Source: www.theguardian.com

An end to ‘a reasonable period’? Awaab’s Law – Nearly Legal

‘As you will doubtless recall, the Social Housing (Regulation) Act 2023 introduced a new section 10A Landlord and Tenant Act 1985, implying a term into all social tenancies that the landlord will comply with all “prescribed requirements” on responding to relevant defects to be specified in regulations – the framework for “Awaab’s Law”. A breach of section 10A would be actionable by the tenant in the County Court – quite possibly together with section 9A/10 and section 11.’

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Nearly Legal, 9th January 2024

Source: nearlylegal.co.uk

Government consults on legal requirements for social landlords to address hazards including damp and mould quickly – and in some cases within 24 hours – Local Government Lawyer

‘The Secretary of State for Levelling Up, Housing and Communities, Michael Gove, has launched a consultation on the introduction of strict time limits for social housing providers requiring them to take swift action in addressing dangerous hazards such as damp and mould.’

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Local Government Lawyer, 9th January 2024

Source: www.localgovernmentlawyer.co.uk

Major social landlord to pay nearly £11,000 to residents after failings in damp and leak repairs – Local Government Lawyer

‘The Housing Ombudsman has ordered Clarion Housing Association to pay £10,800 in compensation to tenant households after it made four findings of severe maladministration across three cases.’

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Local Government Lawyer, 9th January 2024

Source: www.localgovernmentlawyer.co.uk

Building Safety Act requires rethink of SPV risk arrangements – OUT-LAW.com

Posted January 8th, 2024 in building law, construction industry, health & safety, housing, news by tracey

‘Organisations using specially set up companies – special purpose vehicles, or SPVs – to deliver new UK housing schemes have been urged to plan ahead for the increased potential exposure to liability they may face under the Building Safety Act.’

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OUT-LAW.com, 5th January 2024

Source: www.pinsentmasons.com

Courts will continue to shape building safety law in 2024 – OUT-LAW.com

Posted January 4th, 2024 in building law, construction industry, health & safety, news by sally

‘Construction companies should expect the courts in England and Wales to be sympathetic to building safety claims in 2024.’

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OUT-LAW.com, 3rd January 2024

Source: www.pinsentmasons.com

Material Contribution and Holmes v Poeton Holdings Limited: One Issue Down, More to Go – 12 King’s Bench Walk

‘Henry Charles looks at a recent decision from the Court of Appeal which settles the longstanding question of whether material contribution applies to cases of divisible injury.’

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12 King's Bench Walk, 28th November 2023

Source: clinicalnegligence.blog

What is the appropriate level of damages when a property is unfit for human habitation? – Doughty Street Chambers

‘In Dezitter v Hammersmith and Fulham Homes (Central London County Court, 7 November 2023), the court considered the appropriate level of damages to award where a property is unfit for human habitation.’

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Doughty Street Chambers, 16th November 2023

Source: insights.doughtystreet.co.uk