UK appeal court overturns ‘manifestly excessive’ health and safety fine – OUT-LAW.com

Posted April 16th, 2018 in appeals, fines, health & safety, news by tracey

‘The Court of Appeal has reduced to £200,000 a “manifestly excessive” £475,000 fine imposed on a truck sale and leasing company for breaches of health and safety law which led to the accidental death of a contractor.’

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OUT-LAW.com, 16th April 2018

Source: www.out-law.com

Housing association fined £30k over Hand Arm Vibration Syndrome failings – Local Government Lawyer

Posted April 5th, 2018 in costs, fines, health & safety, industrial injuries, local government, news by sally

‘A community housing association in Wales has been fined £30,000 after it failed to effectively manage its employees’ exposure to Hand Arm Vibration Syndrome (HAVS) over a prolonged period of time.’

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Local Government Lawyer, April 2018

Source: www.localgovernmentlawyer.co.uk

Violist wins against Royal Opera House for hearing loss – UK Human Rights Blog

‘The ROH has been found liable for failing to protect the hearing of its musicians and for causing acoustic shock to former viola player Chris Goldscheider. This is the first time a musical institution has been found responsible for damage to the hearing of musicians, and the first time that acoustic shock as been recognised as an injury sounding in damages.’

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UK Human Rights Blog, 2nd April 2018

Source: ukhumanrightsblog.com

Musician wins landmark ruling over ruined hearing – BBC News

Posted March 29th, 2018 in artistic works, employment, health & safety, industrial injuries, news, noise by tracey

‘A viola player who suffered a life-changing hearing injury at a rehearsal of Wagner’s Die Walkure in 2012 has won a landmark High Court judgment against the Royal Opera House (ROH).’

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BBC News, 28th March 2018

Source: www.bbc.co.uk

The costs of dangerous cladding – leaseholders position – Nearly Legal

Posted March 27th, 2018 in costs, health & safety, housing, landlord & tenant, news, repairs, service charges by tracey

‘First Tier Tribunal LON/00AH/LSC/2017/0435 – Firstport Property Services Ltd v various leaseholders of Citiscape. We previously saw the Salford decision on the costs of a ‘waking watch’ in a tower with ‘Grenfell’ style cladding, but this was the first, keenly awaited, decision on the liability of leaseholders of an affected building (here in Croydon) to pay for the costs of removal and replacement of such cladding under their leases.’

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Nerarly Legal, 26th March 2018

Source: nearlylegal.co.uk

Sensitisation to allergy is physical injury – Supreme Court – UK Human Rights Blog

‘Dryden and Others v Johnson Matthey [2018] UKSC 18. We are all made of stuff, and that stuff is not inert because it’s organic matter. Changes at the molecular level happen all the time, through cell death and replenishment, growth and the constant attrition caused by cosmic radiation on our DNA. Other changes are wrought by the environment or other organisms. Some changes are beneficial, even life saving, such as the removal of an appendix or the insertion of a pacemaker. The production of antibodies by vaccination have eradicated many diseases. Most of the time the body manages this itself. Every time certain cells in the blood encounter a foreign invader, they recruit the immune system to come up with a focussed weapon. This is an antibody, which lies dormant until the threat (the antigen) arises again. Antibodies are good things to have around until they’re provoked by enemies akin to the ones that created them, whereupon the body produces an allergic reaction to get rid of the toxin/allergen.’

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UK Human Rights Blog, 23rd March 2018

Source: ukhumanrightsblog.com

NHS trust fined £2m for Connor Sparrowhawk and Teresa Colvin deaths – The Guardian

Posted March 27th, 2018 in fines, health, health & safety, mental health, news by tracey

‘An NHS trust has been fined a record £2m after admitting “systemic failures” following the deaths of two vulnerable patients. Southern Health pleaded guilty last year to breaching health and safety laws following the deaths of Teresa Colvin and Connor Sparrowhawk, an epileptic teenager with autism who drowned in a bath at an NHS care unit.’

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The Guardian, 26th March 2018

Source: www.theguardian.com

Grenfell Tower inquiry to open with tributes to 71 victims of blaze – The Guardian

Posted March 22nd, 2018 in fire, health & safety, housing, inquiries, news, victims by sally

‘The public inquiry into the Grenfell Tower fire will open with individual portraits of and tributes to the 71 victims of the blaze, it has been revealed.’

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The Guardian, 21st March 2018

Source: www.theguardian.com

Grenfell inquiry to have most core participants in UK history – The Guardian

Posted March 21st, 2018 in fire, health & safety, inquiries, news by tracey

‘More than 530 individuals and organisations have been granted core participant status for the Grenfell Tower fire inquiry, which resumes preliminary hearings on Wednesday. The number of accredited parties underlines the breadth of the disaster’s impact and the challenge facing Sir Martin Moore-Bick, the retired appeal court judge chairing the investigation. Three individuals are being allowed to remain anonymous. It is believed to be the largest number accredited to a public inquiry in the UK.’

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The Guardian, 20th March 2018

Source: www.theguardian.com

Employees must comply with work at height safety duties too – OUT-LAW.com

Posted March 15th, 2018 in employment, fines, health & safety, news, sentencing, suspended sentences by tracey

‘Two recent cases involving breaches of working at height regulations offer a clear reminder to workers of their own duties to take reasonable care for the health and safety of themselves and others.’

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OUT-LAW.com, 14th March 2018

Source: www.out-law.com

Hillsborough disaster: CPS will not charge five police officers over deaths of 96 Liverpool fans – The Independent

‘Five police officers involved in the Hillsborough disaster and subsequent investigation will not be charged over an alleged “cover-up” over the deaths of 96 Liverpool fans.’

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The Independent, 14th March 2018

Source: www.independent.co.uk

Information watchdog denounces council over Grenfell failings – The Guardian

Posted March 13th, 2018 in fire, freedom of information, health & safety, housing, local government, news by sally

‘Kensington and Chelsea council has been condemned by the information commissioner for failing to disclose information relating to the Grenfell Tower fire. Elizabeth Denham has made seven rulings against the council for failing to respond to freedom of information requests about fire safety, cladding and risk assessments at the high-rise block.’

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The Guardian, 13th March 2018

Source: www.theguardian.com

Red Arrows death: Ejection seat firm fined £1.1m – BBC News

Posted February 26th, 2018 in aircraft, fines, health & safety, news by tracey

‘An ejection seat manufacturer prosecuted over the death of a Red Arrows pilot thrown from his jet has been fined £1.1m.’

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BBC News, 23rd February 2018

Source: www.bbc.co.uk

Hillsborough disaster: Five more former police officers could be charged over deaths of 96 Liverpool fans – The Independent

Posted February 23rd, 2018 in health & safety, news, police, prosecutions, sport, unlawful killing by tracey

‘A further five police officers could face criminal charges over the Hillsborough disaster, investigators have announced. The Crown Prosecution Service (CPS) is reviewing evidence from West Midlands Police on two officers who were found to have a case to answer by the Independent Office for Police Conduct (IOPC).’

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The Independent, 22nd February 2018

Source: www.independent.co.uk

I can serve this only once – gas safety certificates – Nearly Legal

Posted February 12th, 2018 in energy, health & safety, housing, landlord & tenant, news, regulations by tracey

‘Caridon Property Ltd v Monty Shooltz. Central London County Court. 2 February 2018 (from note of judgment). This was an appeal to a circuit judge of a first instance decision of District Judge Bloom (who is an experienced housing lawyer). The circuit judge was HHJ Jan Luba QC (a very experienced housing lawyer).’

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Nearly Legal, 11th February 2018

Source: nearlylegal.co.uk

Supreme Court backs Chevron over use of new evidence in appeal over HSE prohibition notice – OUT-LAW.com

Posted February 9th, 2018 in evidence, health & safety, news, offshore installations, Scotland, Supreme Court by tracey

‘Tribunals are entitled to take into account additional evidence that was not available to the health and safety inspector when considering an appeal against a prohibition notice, the UK’s highest court has confirmed.’

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OUT-LAW.com, 8th February 2018

Source: www.out-law.com

City worker suing train operator for £2m after losing both legs when he fell between train and platform – Daily Telegraph

Posted February 9th, 2018 in health & safety, news, personal injuries, railways by tracey

‘A city IT worker is suing a train operator for nearly £2m in damages after losing both his legs when he fell between a train and a platform looking for his lost season ticket.’

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Daily Telegraph, 9th February 2018

Source: www.telegraph.co.uk

Prisoner dies at HMP Nottingham three weeks after watchdog makes stark warning that ‘lives are at risk’ in jail – The Independent

Posted February 9th, 2018 in health & safety, news, ombudsmen, prisons, suicide by tracey

‘A man has died in what is believed to have been a suicide at HMP Nottingham less than a month after the prisons watchdog made an unprecedented warning that the lives of inmates were at risk.’

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The Independent, 9th February 2018

Source: www.independent.co.uk

Cladding fitted to Grenfell Tower ‘was never fire safety tested’ – The Independent

Posted February 9th, 2018 in fire, health & safety, news by tracey

‘The cladding system fitted to Grenfell Tower was never subjected to fire safety testing, according to reports. The panels installed on the block, which have since been found on 299 other high-rises, were apparently not put through large-scale lab examinations to test their combustibility before being fitted.’

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The Independent, 8th February 2018

Source: www.independent.co.uk

Council fined £100k after vulnerable employee hit by reversing dust cart – Local Government Lawyer

Posted February 8th, 2018 in contracting out, fines, health & safety, local government, news, waste by tracey

‘A London borough has been fined £100,000 after a vulnerable employee was crushed by a reversing dust cart, suffering significant injury. Waste company Veolia ES (UK) was meanwhile fined £250,000 for its role in the incident, which took place on 9 May 2016.’

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Local Government Lawyer, 6th February 2018

Source: www.localgovernmentlawyer.co.uk