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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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 tracey

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

Full Story

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).’

Full Story

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 tracey

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

Full Story

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.’

Full Story

Local Government Lawyer, 12th December 2023

Source: www.localgovernmentlawyer.co.uk

Section 21 and Gas Safety – post start of tenancy installations – Nearly Legal

Posted December 6th, 2023 in health & safety, housing, landlord & tenant, news, repairs, repossession by sally

‘The issue of gas safety certificates has been revisited again in Van-Herpen v Green & Green (2023) County Court at Hastings, 4 December 2023, in which I acted for the Defendants. This time, the questions for the court were whether a Building Regulations Compliance Certificate (“BRCC”) from the installation of a boiler or a Gas Safety Certificate (“GSC”) arising out of a plumber’s visit some two months later had to be served for the section 21 notice to be valid.’

Full Story

Nearly Legal, 5th December 2023

Source: nearlylegal.co.uk

Rugby concussion: Wales’ Henson and Charvis named in lawsuit – BBC News

Posted December 4th, 2023 in case management, class actions, damages, health & safety, news, personal injuries, sport by tracey

‘Former Wales stars Gavin Henson and Colin Charvis are among 295 ex-players suing the rugby authorities over brain injuries, it has emerged. The High Court heard on Friday that an application for the cases to be heard collectively would be made next year.’

Full Story

BBC News, 2nd December 2023

Source: www.bbc.co.uk

Newham v Chaplair: the lessons to be learned – Local Government Lawyer

‘Archie Maddan explains what was involved in the first successful prosecution of a tower block owner for failure to remove flammable cladding.’

Full Story

Local Government Lawyer, 30th November 2023

Source: www.localgovernmentlawyer.co.uk

Tis’ the season to be jolly, but avoid the pitfalls! – Employment Law Blog

Posted November 30th, 2023 in alcohol abuse, employment, equality, health & safety, news by sally

‘Whilst many employees may be welcoming the arrival of the festive season and the array of office parties and workplace socials involved, senior managers and HR will be putting their thinking caps on, as well as their Santa hats, to seek ways to minimise the possibilities of any fallout following the merry times.’

Full Story

Employment Law Blog, 30th November 2023

Source: www.kingsleynapley.co.uk

Rat-infested Bedford Prison found to have highest violence levels – BBC News

Posted November 17th, 2023 in government departments, health & safety, news, prisons, violence by tracey

‘Bedford Prison has higher levels of violence than any other prison in the country, according to a critical report from inspectors.’

Full Story

BBC News, 17th November 2023

Source: www.bbc.co.uk

The Priory hospital fined £140k after woman dies on ‘utter shambles’ mental health ward – The Independent

Posted November 15th, 2023 in fines, health & safety, hospitals, mental health, news, suicide by sally

‘A prestigious mental health hospital has been fined £140,000 after a young woman killed herself on one of its wards, days after it was described as an “utter shambles”.’

Full Story

The Independent, 14th November 2023

Source: www.independent.co.uk

Silica: A Forgotten Mineral? – Ropewalk Chambers

Posted November 14th, 2023 in building law, health & safety, industrial injuries, news, personal injuries by sally

‘According to the HSE:

Silica is a natural substance found in varying amounts in most rocks, sand and clay. For example, sandstone contains more than 70% silica, whereas granite might contain 15-30%. Silica is also a major constituent of construction materials such as bricks, tiles, concrete and mortar.

In other words, silica is virtually ubiquitous in quarrying, mining and in building materials.’

Full Story

Ropwalk Chambers, 9th October 2023

Source: ropewalk.co.uk

The Building Safety Act 2022 – Is there an obligation on landlords to pay for remediation costs? – Falcon Chambers

Posted November 9th, 2023 in building law, health & safety, housing, landlord & tenant, leases, news, repairs by sally

‘Since the Building Safety Act 2022 came into force, with its Schedule 8 prohibition on landlords recovering service charge for certain cladding and other defect remediation works, the Government has produced and updated guidance for leaseholders on whether they would have to pay for remediation and whether remediation works would be done. Some of that guidance does not sit easily with the effect of the Act, however.’

Full Story

Falcon Chambers, 9th October 2023

Source: www.falcon-chambers.com

The Crisis after the Crisis: Relevance of the BSA to RAAC – Falcon Chambers

‘Reinforced autoclave aerated concrete (“RAAC”) has received considerable press attention recently. In short, this is a lightweight material which was used in the construction of floors and walls between the 1950s and 1990s. RAAC has a lifespan of about 30 years and has received national attention recently following the collapse of a panel in a school which was previously thought to be “non-critical”. RAAC has been identified in schools, hospitals and even in the Houses of Parliament.’

Full Story

Falcon Chambers, 2nd October 2023

Source: www.falcon-chambers.com