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 […]