Bolton v Stone Revisited – Ropewalk Chambers

‘The seminal case of Bolton v Stone [1951] AC 850 concerned a Claimant on a residential side road who was hit by a ball struck by a batsman on an adjacent cricket ground. The claim ultimately failed. Some 67 years later, the Claimant in Lewis v Wandsworth London Borough Council was walking along the boundary path of a cricket pitch in Battersea Park. She was struck in her left eye by a cricket ball, hit from the game of cricket being played on the pitch. Her claim succeeded before Mr Recorder Riza QC, who distinguished Bolton. Stewart J allowed the Defendant’s appeal and dismissed the claim.’

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Ropewalk Chambers, 30th November 2020

Source: www.ropewalk.co.uk

Birmingham wall collapse deaths: Recycling firms to be charged – BBC News

‘Two recycling companies and two people linked to them are to be charged over the deaths of five African men who died when a concrete wall fell on them.’

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BBC News, 1st December 2020

Source: www.bbc.co.uk

Council wins appeal over award of damages to woman hit by cricket ball in park – Local Government Lawyer

‘The London Borough of Wandsworth has won an appeal over an order requiring it to pay nearly £35,000 in damages and costs to a woman seriously injured by a cricket ball in Battersea park.’

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Local Government Lawyer, 27th November 2020

Source: www.localgovernmentlawyer.co.uk

Victory For Workers Denied Health And Safety Protections Amid Covid-19 – Each Other

‘Precarious workers have been wrongly denied health and safety protections amid the pandemic, a court has found.’

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Each Other, 17th November 2020

Source: eachother.org.uk

Social housing landlords in England face checks on tenants’ satisfaction – The Guardian

Posted November 17th, 2020 in complaints, health & safety, landlord & tenant, local government, news, standards by sally

‘Social landlords in England will be required to report on residents’ satisfaction in an effort to rebalance power between owners and tenants in the wake of the Grenfell Tower disaster, the housing secretary has announced.’

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The Guardian, 17th November 2020

Source: www.theguardian.com

Coroner calls for investigation into toilet freshener’s effect on child’s death – The Guardian

‘A coroner has called for further investigation into whether ingesting a toilet freshener led to the death of a two-year-old girl.’

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The Guardian, 5th November 2020

Source: www.theguardian.com

‘Like zero-hours workers’: barristers lash out over ‘unsafe’ courts – Law Society’s Gazette

Posted November 3rd, 2020 in barristers, coronavirus, courts, health & safety, news by tracey

‘The government is treating criminal barristers like “zero-hours workers” and is endangering court users, the Criminal Bar Association (CBA) has said, demanding a national risk assessment for court buildings.’

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Law Society's Gazette, 3rd November 2020

Source: www.lawgazette.co.uk

G-A-Y nightclub owner launches legal action against government over 10pm curfew – The Independent

Posted October 6th, 2020 in clubs, coronavirus, health & safety, judicial review, news, regulations by tracey

‘”Enough is enough” says Jeremy Joseph as he launches judicial review into policy that threatens future of pubs, clubs and restaurants.’

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The Independent, 5th October 2020

Source: www.independent.co.uk

Grenfell victim’s family aims to force change to evacuation rules for disabled people – The Guardian

‘The family of a disabled woman who died trapped in Grenfell Tower is taking legal action against the government to force high-rise owners to make evacuation plans for every disabled resident. Sakina Afrasehabi, who had severe arthritis and walked with a frame, died on the 18th floor in the June 2017 blaze at the age of 65. Now her family want a judicial review of government proposals, arising from the disaster, that personal evacuation plans should only apply for people in buildings considered at immediate fire risk.’

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The Guardian, 5th October 2020

Source: www.theguardian.com

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, duty of candour, 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