Category Risk Assessments

RISK ASSESSMENTS AND THE VIOLA PLAYER: BOWING TO THE INEVITABLE OR JUST HIGHLY STRUNG?

The case of Goldscheider v The Royal Opera House Covent Garden Foundation [2018] EWHC 687 (QB) received a lot of attention because of the unusual facts. However the case is, in fact, a classic illustration of the central importance of the risk assessment in modern litigation. THE RISK ASSESSMENT: FORTHCOMING TALK Here we concentrate upon one […]

THE EMPLOYER’S DUTY: THE SUPREME COURT STATES THE IMPORTANCE OF RISK ASSESSMENTS

In Kennedy -v- Cordia Services LLP [2016] UKSC 6 the Supreme Court allowed the appellant’s appeal. The case related to Scottish law, however the principles are of general application.   It raises interesting issues as to the relevance of “It follows that the employer’s duty is no longer confined to taking such precautions as are […]

BREACH OF STATUTORY DUTY AFTER THE ENTERPRISE AND REGULATORY REFORM ACT 2013 : A SCOTTISH DECISION: DALEKS ARE NOT THAT DANGEROUS AFTER ALL

The precise impact of the ERRA upon liability is still very much open to debate.  Some guidance may be found in the Scottish case of Gilchrist -v- Asda Stores Ltd [2015] CSOH 17. A judgment of Lady Stacey where judgment was given on the 17th June 2015. THE CASE The pursuer (claimant to those in […]

CHANGES TO CONSTRUCTION REGULATIONS ON THE 6th APRIL 2015: USEFUL LINKS

Construction remains one of the most dangerous areas to work in.  On the 6th April 2015 the Construction (Design and Management) Regulations 2015 replace the 2007 Regulations. LINKS TO HSE GUIDANCE ON THE NEW REGULATIONS Details of the transitional arrangements can be found here The draft guidance from the Health and Safety Executive can be […]

ACCIDENTS AT WORK: THE TUC AND THE MYTH OF THE COMPENSATION CULTURE

The TUC’s ever helpful guide to health and safety is out for April  and available here . The Bulletin covers numerous aspects of health and safety in the workplace. However one notable article relates to the “compensation myth”. This shows that 6 out of 7 people injured in the workplace do not obtain compensation. “TUC explodes the […]

NEW HEALTH & SAFETY EXECUTIVE GUIDANCE: YOUNG PEOPLE AND GUIDES FOR MANAGEMENT

The guidance given by the  Health and Safety Executive may well play a key part in the determination of standards and liability following the ERRA. YOUNG PEOPLE AT WORK A guide dealing, specifically, with young people can be found at http://www.hse.gov.uk/youngpeople/?ebul=gd-woodworking&cr=8/Nov13 HEALTH & SAFETY GUIDANCE Guidance for management generally can be found: Management for health and […]

RISK ASSESSMENTS & ACCIDENTS AT WORK: LAWYERS NEED TO GET PRACTICAL KNOWLEDGE: YOUR GUIDE TO HOW & WHERE.

Several posts on this blog have highlighted the continuing importance of the risk assessment in looking at accidents at work after the ERRA.  Here we look at the key importance of risk assessments; the importance of a detailed knowledge for all litigators involved in this area of litigation and the practical guides that will provide […]