Care home business in South Wales fined £432k for fire safety failings – Local Government Lawyer

Posted September 15th, 2020 in fines, fire, health & safety, news, Wales by tracey

‘A residential care home business in Cardiff has been fined more than £430,000 for serious fire safety failings, following a prosecution brought by South Wales Fire and Rescue Service.’

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Local Government Lawyer, 14th September 2020

Source: www.localgovernmentlawyer.co.uk

Olivia Burt’s family ‘disappointed’ with CPS decision – BBC News

‘The parents of a student who died when a barrier collapsed outside a nightclub say they are “deeply disappointed” no-one will face criminal prosecution.’

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BBC News, 14th September 2020

Source: www.bbc.co.uk

COVID-19 – Enforcing safety guidelines in pubs and other licensed premises – No. 5 Chambers

Posted August 27th, 2020 in coronavirus, health & safety, licensed premises, licensing, news, regulations by sally

‘On the 8th of August 2020, the Local Government Association (“LGA”) called for a new temporary public health or COVID-19 licensing objective to be inserted into the Licensing Act (“LA”) 2003.’

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No. 5 Chambers, 14th August 2020

Source: www.no5.com

What does the end of the Coronavirus Job Retention Scheme mean for employers? – Doughty Street Chambers

Posted August 27th, 2020 in coronavirus, dismissal, employment, health & safety, news, redundancy, remuneration by sally

‘The Coronavirus Job Retention Scheme (the Scheme) is winding down in advance of its complete closure on 31 October 2020. This short article will discuss some of the practical and legal challenges that employers face in bringing workers back to work and how these can be met.’

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Doughty Street Chambers, 26th August 2020

Source: insights.doughtystreet.co.uk

Reopening Workplaces: Considerations for Commercial Landlord and Tenants – Thomas More Chambers

Posted August 27th, 2020 in chambers articles, coronavirus, health & safety, landlord & tenant, news by sally

‘With more businesses reopening their previously closed premises and following the Prime Minister’s recent encouragement for employees to return to work, it is important that commercial landlords and tenants consider their statutory health and safety obligations and enact all appropriate measures.’

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Thomas More Chambers, 5th August 2020

Source: www.thomasmore.co.uk

Inquests ‘more adversarial than criminal cases’, says Grenfell QC – Law Society’s Gazette

Posted August 27th, 2020 in bereavement, fire, health & safety, inquests, news, statutory duty by sally

‘A QC representing bereaved families in the Grenfell Tower public inquiry has backed calls for a statutory duty of candour, saying she has often found inquests far more adversarial than any criminal case she has done. ‘

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Law Society's Gazette, 26th August 2020

Source: www.lawgazette.co.uk

Black organiser of UK anti-racism rally threatened with arrest – The Guardian

‘A black community activist has accused police of discrimination after he was threatened with arrest and prosecution for organising an upcoming anti-racism protest march in London.’

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The Guardian, 25th August 2020

Source: www.theguardian.com

Council charged over death of girl, 5, killed by playground swing faces £2m legal bill – Daily Telegraph

‘A council has reportedly been charged over the death of a five-year-old girl who was killed by a rotting playground swing, and faces a potential £2m legal bill.’

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Daily Telegraph, 4th August 2020

Source: www.telegraph.co.uk

Enforcing the Novel Food regime – Part 1: Overview and Rationale – 3PB

‘This short series of bitesize articles will take a deeper look into the enforcement of the Novel Food regime and seek to identify and breakdown the powers made available to those agencies (typically local authorities), who are tasked with securing compliance.’

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3PB, 21st July 2020

Source: www.3pb.co.uk

36 Crime Criminal Updates – The 36 Group

Posted July 30th, 2020 in coronavirus, extradition, food hygiene, fraud, health & safety, news by sally

‘This summer Newsletter has, as always, a range of articles. For those of us who, just, knew a time before the dishonesty test in Ghosh, it is disturbing that it has been described as a wrong turn, and Arthur Kendrick analyses for us the consequences of the recent judgment of the Court of Appeal in Barton and Booth. The pandemic may be the result of the mis-handling of food sources, and Dharmendra Toor reflects on a decision from the early days of the pandemic that highlights the importance for us of the compliance with food safety regulations by food manufacturers, restaurants and supermarkets. Sally Hobson provides a helpful analysis and some guidance when dealing with cases following extradition to the UK for offences for which the individual was not specifically extradited. We are grateful to Mary Prior Q.C. for another summary of important and instructive cases recently decided across the broad range of practice and procedure in the criminal courts.’

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The 36 Group, July 2020

Source: 36group.co.uk

Hindsight bias in health and safety – Six Pump Court

Posted July 28th, 2020 in bias, health & safety, news, statutory duty by sally

‘David Travers QC of 6 Pump Court discusses hindsight bias, its relevance to health and safety cases and how to avoid its impact.’

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Six Pump Court, July 2020

Source: www.6pumpcourt.co.uk

Coronavirus: New face covering rules come into force in England – BBC News

‘Face coverings are now compulsory for customers in shops in England, after new coronavirus rules came into force within 12 hours of the government issuing guidance on the change.’

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BBC News, 24th July 2020

Source: www.bbc.co.uk

Asylum seeker to sue Home Office after falling ill with Covid-19 – The Guardian

‘An asylum seeker who became infected with Covid-19 after an outbreak in his accommodation – despite assurances from the Home Office that he would not be at risk from the virus there – is taking legal action against the government.’

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The Guardian, 21st July 2020

Source: www.theguardian.com

Hindsight bias in health and safety – Six Pump Court

Posted July 21st, 2020 in bias, health & safety, news, statutory duty by sally

‘In this interview with Pietra Asprou for Lexis Nexis, David Travers QC considers the impact of hindsight bias in health and safety cases, and what can be done to avoid it.’

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Six Pump Court, 21st July 2020

Source: www.6pumpcourt.co.uk

Duty of care owed by UK ship agent to Bangladeshi worker? – UK Human Rights Blog

‘On 30 March 2018, whilst working on the demolition of an oil tanker on the beach at Chittagong, Bangladesh, Mr Mollah fell to his death.’

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UK Human Rights Blog, 17th July 2020

Source: ukhumanrightsblog.com

Are “squalid” prison conditions and the response to the Covid-19 pandemic breaching human rights? – UK Human Rights Blog

‘The latest reports of HM Chief Inspector of Prisons and the Parliamentary Joint Committee on Human Rights lay bare the conditions in some British prisons.’

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UK Human Rights Blog, 6th July 2020

Source: ukhumanrightsblog.com

Shrewsbury hospital: ‘New and ongoing’ safety concerns revealed by NHS watchdog – The Independent

Posted July 2nd, 2020 in health & safety, hospitals, news, reports by tracey

‘Inspectors have raised “new and ongoing” patient safety concerns at Shrewsbury and Telford Hospitals Trust, it has emerged.’

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The Independent, 1st July 2020

Source: www.independent.co.uk

UK could be breaking international law over cladding, says UN – The Guardian

‘The UN has warned Britain that its failure to strip combustible cladding from high-rise buildings containing tens of thousands homes may be a breach of international law.’

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The Guardian, 28th June 2020

Source: www.theguardian.com

A reprieve for landlords – Gas safety certificates and section 21 notices Case update: Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 270 – 3PB

Posted June 23rd, 2020 in health & safety, housing, landlord & tenant, news, statutory duty, utilities by sally

‘Residential landlords may well be familiar with, and will quite possibly have fallen foul of, the statutory requirements placed upon them in respect of gas safety certificates. The case of Caridon Property Ltd v Shooltz (02/02/18, unreported but the judgment is available online) providing, until yesterday, unbinding but highly persuasive authority that landlords who fail to serve a copy of the most recent gas safety certificate prior to a tenant entering in to occupation of the relevant property could not rely upon the no-fault eviction process provided by section 21 of the Housing Act 1988 and, as per the County Court appeal judgment of HHJ Luba QC, could never rectify the error. The decision, which was regularly followed by district judges and deputy district judges in the County Court throughout the country, placed landlords in a position where, unless they were able to rely upon any of the grounds set out Schedule 2 of the 1988 Act and therefore serve a section 8 notice, they had no way of evicting tenants, even though they were purportedly assured shorthold tenants.’

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3PB, 19th June 2020

Source: www.3pb.co.uk

The Grenfell Fire: Do Black Lives Actually Matter? – Oxford Human Rights Hub

Posted June 23rd, 2020 in fire, health & safety, inquiries, minorities, news, reports by sally

‘On the 3rd anniversary of the Grenfell fire where 72 residents (at least 34 of whom were from a BAME background) lost their lives, is the country in a better position to avoid future cladding related fires?’

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Oxford Human Rights Hub, 18th June 2020

Source: ohrh.law.ox.ac.uk