Prosecution by watchdog sees adult care provider fined £190k – Local Government Lawyer

Posted June 17th, 2016 in care homes, fines, health & safety, news, prosecutions by tracey

‘An adult social care provider has been fined £190,000 after being prosecuted by the Care Quality Commission for failing in its duty to provide safe care and treatment.’

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Local Government Lawyer, 16th June 2016

Source: www.localgovernmentlawyer.co.uk

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Business And Human Rights… More Than Lofty Rhetoric? – RightsInfo

‘This Thursday, it will be five years since the United Nations Human Rights Council first adopted the UN Guiding Principles on Business and Human Rights. This post argues that while the UK has demonstrated its commitment to these principles and the protection of human rights in business, there is still room for improvement.’

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RightsInfo, 13th June 2016

Source: www.rightsinfo.org

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Supreme Court to hear appeal by council on compensation after pier closure – Local Government Lawyer

‘The Supreme Court will next week (23 June) hear a borough council’s appeal over an order that it should pay more than £2m in compensation plus legal costs to the operators of a business on a seaside pier it temporarily shut down.’

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Local Government Lawyer, 13th June 2016

Source: www.localgovernment.co.uk

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Sarah McClay death: South Lakes Safari Zoo fined – BBC News

Posted June 13th, 2016 in animals, costs, employment, fines, guilty pleas, health & safety, inquests, news, sentencing by sally

‘A zoo where a keeper was mauled to death by a tiger has been fined for health and safety breaches.’

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BBC News, 10th June 2016

Source: www.bbc.co.uk

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Hillsborough: 19 people refuse to help IPCC inquiry – The Guardian

‘Nineteen people have refused to assist an independent investigation into the role of West Midlands police after the Hillsborough disaster.’

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The Guardian, 2nd June 2016

Source: www.guardian.co.uk

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Bailey v Devon NHS Trust – Tanfield Chambers

‘In Bailey v Devon Partnership NHS Trust the High Court accepted, on the particular facts, that the statutory duty to carry out a risk assessment directly informed the extent of the common law duty of care.’

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Tanfield Chambers, 26th May 2016

Source: www.tanfieldchambers.co.uk

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Successful challenge to OFSTED nursery inspection – Education Blog

‘There is a rare example of a successful challenge to an OFSTED nursery inspection in R ota Old Co-operative Day Nursery Ltd v OFSTED [2016] EWHC 1126, handed down last week, which can be found here.’

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Education Blog, 1st June 2016

Source: www.education11kbw.com

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Ex-Army Major, 90, died after falling from trolley when hospital staff failed to secure sides – Daily Telegraph

Posted May 31st, 2016 in fines, health & safety, hospitals, news by tracey

‘A retired Army Major died after falling from a hospital trolley as NHS staff wheeled him for a routine hip X-Ray, a judge had been told.’

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Daily Telegraph, 29th May 2016

Source: www.telegraph.co.uk

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Wardrobe death case: Care home must pay £150,000 – BBC News

Posted May 27th, 2016 in care homes, elderly, fines, health & safety, news by tracey

‘The owner of a care home where an 80-year-old woman was found dead under a fallen wardrobe has been ordered to pay £150,000 after being prosecuted.’

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BBC News, 26th May 2016

Source: www.bbc.co.uk

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‘Take allergies seriously or face jail’ says CPS after curry house owner convicted of manslaughter – Daily Telegraph

‘Food businesses have been warned by the CPS to take allergies seriously or face jail, after a restaurateur was imprisoned for six years for killing a customer by selling him a curry.’

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Daily Telegraph, 23rd May 2016

Source: www.telegraph.co.uk

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If you’re going to go down a steep slope, make sure you do it on your bottom! – Zenith PI Blog

‘In a decision handed down last week in English Heritage v Taylor [2016] EWCA Civ 448 the Court of Appeal upheld a first instance decision of a finding of breach of duty under section 2 of the Occupier’s Liability Act 1957 and a finding of 50% contributory negligence against the claimant. The issues centred around what was an obvious danger.’

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Zenith PI Blog, 20th May 2016

Source: www.zenithpi.wordpress.com

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Why a new toilet law could flush cafes and takeaways down the pan – The Guardian

Posted May 19th, 2016 in health & safety, news, small businesses by sally

‘A legal ruling that coffee shops and fast food outlets with fewer than 10 seats must now provide loos for their customers could threaten thousands of small businesses.’

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The Guardian, 18th May 2016

Source: www.guardian.co.uk

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NHSLA ordered to pay indemnity costs for surveillance video “ambush” – Litigation Futures

‘The NHS Litigation Authority (NHSLA) has been ordered by the High Court to pay indemnity costs after sending a last-minute surveillance video to the claimant’s lawyers which resulted in a trial being vacated.’

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Litigation Futures, 16th May 2016

Source: www.litigationfutures.com

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Ofsted finds 100 suspected illegal schools in England – The Guardian

Posted May 16th, 2016 in education, health & safety, news, school children by sally

‘Many more children are hidden from authorities in unregistered schools across England than previously thought, Ofsted’s chief inspector, Sir Michael Wilshaw, has warned.

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The Guardian, 16th May 2016

Source: www.guardian.co.uk

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UK courts adopt contrasting approaches to appeals against HSE inspection notices – OUT-LAW.com

Posted May 6th, 2016 in appeals, health & safety, judicial review, news, Scotland by tracey

‘Tribunals are entitled to take into account information that was not available to a health and safety inspector at the time that a notice was issued when hearing an appeal against that notice, the Scottish appeal court has ruled.’

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OUT-LAW.com, 4th May 2016

Source: www.out-law.com

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Compensation for health and safety breaches depends on actual harm, Court of Appeal confirms – OUT-LAW.com

‘Employees must be able to prove that they have suffered actual harm as a result of breaches of health and safety law by an employer in order to claim compensation, the Court of Appeal has confirmed.’

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OUT-LAW.com, 29th April 2016

Source: www.out-law.com

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Hillsborough: South Yorkshire and West Midlands Police face legal action – BBC News

Posted April 29th, 2016 in health & safety, misfeasance in public office, news, police, sport by tracey

‘Families of football fans who died in the Hillsborough disaster are pursuing High Court misconduct action against the South Yorkshire and West Midlands police forces, lawyers have said.’

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BBC News, 28th April 2016

Source: www.bbc.co.uk

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Hillsborough inquests: Michael Mansfield on ‘far-reaching consequences’ – BBC News

Posted April 29th, 2016 in advocacy, bereavement, health & safety, inquests, news, sport by tracey

‘Leading barrister Michael Mansfield QC, who represented most of the victims’ families at the Hillsborough Inquests, has called for the creation of a permanent commission scrutinising how the police and other agencies handle crime scenes. Here he writes how the precedent of the inquests could have far-reaching consequences for the investigation of future disasters.’

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BBC News, 29th April 2016

Source: www.bbc.co.uk

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Hillsborough: The remaining questions – Daily Telegraph

‘As the dust settles after an historic victory for the 27 year Hillsborough justice campaign, The Telegraph tackles some of the remaining questions.’

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Daily Telegraph, 27th April 2016

Source: www.telegraph.co.uk

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The Structural Engineer’s Professional Duty to Warn and Goldswain v Beltec Ltd [2015] – Hardwicke Chambers

‘The duty to warn arises as no more than an aspect of the duty to act with the skill and care of an ordinarily competent professional. The existence of the duty recognises that in some circumstances the professional must go beyond what is specified as the desired performance in a contract (e.g. carrying out a design) and account for any risks of which he is aware by virtue of that expertise and warn others who may not be so aware.’

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Hardwicke Chambers, 19th April 2016

Source: www.hardwicke.co.uk

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