Category Standard of care
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 […]
CONTRIBUTORY NEGLIGENCE, APPORTIONMENT, CAUSATION, BREACH OF STATUTORY DUTY AND THE EMPLOYEE
In Blackmore -v- The Department for Communities and Local Government ( Exeter County Court 23rd October 2014 – reported on Lawtel) HH Judge Cotter Q.C. made important observations about issues of contributory negligence and apportionment in cases where the defendant is in breach of statutory duty to an employee. THE CASE This was a fatal […]
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 […]
HSE CONSULTATION PAPERS: THEIR POTENTIAL SIGNIFICANCE IN PERSONAL INJURY ACTIONS
The Health and Safety Executive have produced several consultation papers relating to proposed reforms of the Construction (Design and Management) Regulations 2007 and to amend the approved codes of practice (ACOP) on the Provision and Use of Work Equipment Regulations 1998 (PUWER) (L22); Safe Use of Power Presses (L112) and Safe Use of Woodworking Equipment THE […]
MORE REASONS TO LOOK AT THE LAW: PRACTICAL PROBLEMS WITH VICARIOUS LIABILITY
The issue when and how someone (usually an employer) is vicariously liable for acts of others has been considered in three recent cases. Three recent cases give different results. VICARIOUS LIABILITY FOR A PRISONER WORKING IN PRISON Cox –v- Ministry of Justice [2014] EWCA Civ 132. THE FACTS IN COX The claimant provided catering services […]
TRIPS, SLIPS & FALLS: USEFUL GUIDANCE FROM THE HEALTH & SAFETY EXECUTIVE
The Health and Safety Executive have produced an e-bulletin on slips, trips and falls (the most common place of workplace accident costing an estimated £800 million a year). Useful guidance can also be found at The HSE site on guidance on slips and trips The HSE guide to preventing slips and trips at work The […]
THE WORK AT HEIGHT REGULATIONS: NEW HSE GUIDANCE AND A POTTED GUIDE
For accidents after the 1st October 2013 there is no action for breach of statutory duty in relation to these Regulations. However this does not mean that the Regulations are not relevant. Indeed they remain highly relevant for the reasons discussed in previous posts. Here we look at: 1. Guidance as to the continued relevance […]
ACCIDENTS ON CONSTRUCTION SITES: INADVERTENT OPERATION OF CONTROLS
Construction sites remain of of the most dangerous places to work. One issue that can arise is where workers are injured due to the inadvertent operation of controls in excavator plants. Given the size and nature of the plant and the risks posed to those working nearby any inadvertent movement can be serious, even fatal. […]
HEALTH AND SAFETY EXECUTIVE GUIDANCE: SLIPS AND TRIPS
One effect of the ending of civil liability for breach of the Regulations is that all lawyers are going to have much more closely at recommendations by the Health and Safety Executive. These, along with the Regulations and Codes of Practice, are likely to form the standard by which employers are judge. In some cases […]
PERSONAL INJURY: LIABILITY AND DAMAGES 