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 sally

‘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

Griffiths v TUI: Supreme Court Unanimously Allows Appeal – International & Travel Law Blog

‘The Supreme Court has handed down its long-awaited judgment in Griffiths v TUI [2023] UKSC 48, an appeal which directly concerns a Package Travel holiday sickness claim but which will also indirectly affect all those who are involved in civil litigation, due to wide ramifications of the Court’s consideration of the issue of uncontroverted expert evidence. In this post, Peter Hale considers the Supreme Court’s decision to overturn the decision of the majority of the Court of Appeal.’

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International & Travel Law Blog, 29th November 2023

Source: internationalandtravellawblog.com

Alerter by Tim Green KC & Douglas Maxwell – The fundamental reform of product safety? – Henderson Chambers

Posted December 20th, 2023 in chambers articles, compensation, government departments, health & safety, news by sally

This article provides a concise summary of the significant changes that are being considered to the UK’s product safety regulation over the next 12 months. In August 2023, the Department for Business and Trade (the “DBT”) and the Office for Product Safety and Standards’ (the “OPSS”) published a Consultation on “Smarter regulation: UK product safety review” (the “Consultation”). The Consultation was part of the Government’s “smarter regulation strategy” and broader regulatory reform of product safety. The Ministerial Forward did not shy away from the potential scale of the changes, stating “fundamental reform is necessary”. The relatively short Consultation window closed on 24 October 2023.’

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Henderson Chambers, 3rd November 2023

Source: www.hendersonchambers.co.uk

Adam Johnson: The Neck Guard Debate – Mountford Chambers

Posted December 20th, 2023 in chambers articles, health & safety, inquests, news, sport by sally

‘The tragic death of ice hockey player Adam Johnson on 28 October 2023 has caused considerable shock.’

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Mountford Chambers, 6th November 2023

Source: www.mountfordchambers.com

Tiger Tiger: West End nightclub fined for caustic soda shot error – BBC News

Posted December 20th, 2023 in fines, food, health & safety, news by sally

‘A West End nightclub has been fined for accidentally serving caustic soda with tequila shots rather than salt, Westminster City Council has said.’

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BBC News, 19th December 2023

Source: www.bbc.co.uk

Betsi Cadwaladr fined £200k for mental health failings – BBC News

Posted December 19th, 2023 in fines, health & safety, hospitals, mental health, news, suicide by sally

‘A health board has been fined £200,000 after a woman killed herself on one of its mental health wards.’

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BBC News, 18th December 2023

Source: www.bbc.co.uk

Hippersley – an important point – Tanfield Chambers

‘Robert Bowker and Pauline Lam (Russell Cooke) examine the Upper Tribunal’s decision in Adriatic Land 5 Limited v The Long Leaseholders at Hippersley Point [2023] UKUT 271 (LC).’

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Tanfield Chambers, 16th November 2023

Source: www.tanfieldchambers.co.uk

Newport council fined £2m after tractor killed worker – BBC News

Posted December 15th, 2023 in bereavement, employment, fines, health & safety, local government, news by sally

‘A council has been fined £2m after one of its employees was hit by a passing tractor and killed.’

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BBC News, 15th December 2023

Source: www.bbc.co.uk

Housing Ombudsman launches special investigations into three London landlords after rising maladministration rates – Local Government Lawyer

‘The Housing Ombudsman has launched special investigations into Camden Council, Hackney Council and Hyde Group after casework showed all three landlords struggle with damp and mould, repairs and complaint handling.’

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Local Government Lawyer, 12th December 2023

Source: www.localgovernmentlawyer.co.uk