Inadequate risk assessment leads to liability being established: Chisolm -v- Hankins considered – Zenith PI

Posted December 20th, 2018 in duty of care, health & safety, news, statutory duty by sally

‘In Chisholm v D & R Hankins (Manea) Ltd [2018] EWHC 3407 (QB) the High Court found liability established on the grounds of an inadequate risk assessment by the defendant employer. The judge also made important observations about the relevance of statutory duties after s.69 of the ERRA 2013.’

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Zenith PI, 18th December 2018

Source: zenithpi.wordpress.com

Grenfell Tower: second phase of inquiry ‘could be delayed until 2020’ – The Guardian

Posted December 12th, 2018 in fire, health & safety, inquiries, news by sally

‘The next phase of the public inquiry into the Grenfell Tower fire could be delayed until 2020, according to counsel for one of the core participants, raising concerns that it could be at least three years after the disaster claimed 72 lives that it will report back fully.’

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The Guardian, 11th December 2018

Source: www.theguardian.com

On the spot: accidents at work – New Law Journal

‘A new guideline recently published by the Sentencing Council is likely to result in increased penalties for individuals responsible for fatal workplace accidents. Chris Newton reports.’

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New Law Journal, 7th December 2018

Source: www.newlawjournal.co.uk

Hillsborough police chief to face 95 manslaughter charges after judge rejects bid to halt prosecution – The Independent

‘The former chief superintendent of South Yorkshire Police is to stand trial for the manslaughter of 95 fans at Hillsborough after an attempt to halt the case failed.’

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The Independent, 6th December 2018

Source: www.independent.co.uk

Government to review safety advice amid new high-rise cladding fears – The Guardian

Posted November 28th, 2018 in building law, construction industry, fire, health & safety, news, regulations by sally

‘The government has ordered a review of building safety advice amid concerns that scores of tall buildings fitted with combustible cladding and insulation may have been missed by a testing programme following the Grenfell Tower fire.

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The Guardian, 27th November 2018

Source: www.theguardian.com

Medical device rules need ‘drastic change’ to protect patients – BBC News

Posted November 26th, 2018 in experiments, health & safety, medical treatment, news by sally

‘Urgent and drastic changes to the rules around medical devices, such as pacemakers, are needed to protect patients, according to the Royal College of Surgeons. It wants a register of every device in every patient set up so doctors know if new innovations are causing harm.’

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BBC News, 26th November 2018

Source: www.bbc.co.uk

Judges handling difficult cases “given psychological support” – Litigation Futures

Posted November 19th, 2018 in case management, health & safety, Judaism, judiciary, mental health, news, standards by sally

‘Judges dealing with difficult caseloads are receiving annual one-to-one meetings with psychologists, the Lord Chief Justice has revealed.’

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Litigation Futures, 15th November 2018

Source: www.litigationfutures.com

Families whose loved ones died in NHS mental health care call for inquiry and reforms as police drop investigation – The Independent

‘A decision to drop the investigation into the deaths of up to 25 people in the care of NHS mental health services has been described by as a “bombshell” that leaves them without “accountability or recourse”, by their families. Essex Police had spent nearly two years investigating deaths across nine sites at North Essex Partnership University Trust since 2000.’

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The Independent, 15th November 2018

Source: www.independent.co.uk

Tougher rules demanded for robotic surgery after ‘catalogue of errors’ leads to music teacher’s death – Daily Telegraph

Posted November 9th, 2018 in doctors, health & safety, inquests, news by sally

‘A coroner has demanded tougher rules governing the use of robotic surgery after a heart patient died because an under-trained surgeon botched his operation while using a state-of-the-art system.’

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Daily Telegraph, 8th November 2018

Source: www.telegraph.co.uk

Takeaway bosses jailed for death of teenage nut allergy sufferer – Daily Telegraph

‘Two takeaway bosses have been jailed over the manslaughter of a 15-year-old girl who suffered an allergic reaction to a meal.’

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Daily Telegraph, 7th November 2018

Source: www.telegraph.co.uk

Farmer guilty over death of worker trapped by her hair – BBC News

Posted November 6th, 2018 in accidents, health & safety, homicide, negligence, news by sally

‘A farmer has been found guilty of causing the death of a 20-year-old woman whose hair became entangled in a milling machine.’

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BBC News, 5th November 2018

Source: www.bbc.co.uk

Naomi McLoughlin Discusses the Recent Case of Surrey County Council v Hilliard (2018) – Park Square Barristers

‘The legal test in considering a breach of s41 remains to be found in James v Preseli Pembrokeshire DC [1993] PIQR P114 and Jones v Rhondda Cynon Taff CBC [2008] EWCA Civ 1497. Whilst the appellant was successful on the basis two pieces of evidence had not been considered with the correct weight, the lower Court had nonetheless applied the correct legal test.’

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Park Square Barristers, 30th October 2018

Source: www.parksquarebarristers.co.uk

NHS forced to pay compensation to 1,200 staff worried they have been infected after needle prick – Daily Telegraph

‘More than 1,200 NHS staff have won compensation after being injured by needles potentially infected with HIV or hepatitis over the past six years.’

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Daily Telegraph, 3rd November 2018

Source: www.telegraph.co.uk

Council ends PFI deal, takes legal action over tower block cladding – Local Government Lawyer

‘Camden Council is to end a private finance initiative deal and take legal action against contractors in a dispute over the recladding of tower blocks.’

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Local Government Lawyer, 30th October 2018

Source: www.localgovernmentlawyer.co.uk

Cot designer jailed after seven-month-old boy dies in bespoke bed – The Guardian

Posted October 29th, 2018 in children, fraud, guilty pleas, health & safety, homicide, news, sentencing by sally

‘A cot designer has been jailed for more than three years after a baby boy died in a bed he made.’

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The Guardian, 26th October 2018

Source: www.theguardian.com

Cot bed designer admits York baby choke death failure – BBC News

Posted October 25th, 2018 in children, fraud, guilty pleas, health & safety, homicide, news by sally

‘A designer has admitted a health and safety failing after a seven-month-old baby “choked to death” in a cot bed.’

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BBC News, 24th October 2018

Source: www.bbc.co.uk

Holidaymaker on £7k yoga trip to Caribbean sues British Airways over faulty iron which gave him electric shock – Daily Telegraph

Posted October 25th, 2018 in airlines, health & safety, news, personal injuries by sally

‘A British holidaymaker on a £7,000 yoga trip to the Caribbean is suing British Airways Holidays for six-figure damages after he claims he was electrocuted by a faulty iron at the luxury resort.’

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Daily Telegraph, 24th October 2018

Source: www.telegraph.co.uk

London Zoo fined after keeper fell from faulty stepladder retrieved from skip – Daily Telegraph

Posted October 24th, 2018 in accidents, animals, charities, employment, fines, health & safety, news, personal injuries by sally

‘London Zoo has been fined £40,000 after a keeper cleaning out a hawk aviary fell off a faulty step ladder that was wrongly retrieved from a skip.’

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Daily Telegraph, 22nd October 2018

Source: www.telegraph.co.uk

Duty to care for student mental health has legal implications for universities – OUT-LAW.com

‘Universities have a duty to support students with mental health issues, but there are a series of legal issues that they need to consider which should shape how they do so.’

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OUT-LAW.com, 17th October 2018

Source: www.out-law.com

Partial relief from sanction for claimant who submitted partial budget – Litigation Futures

‘A claimant who submitted a budget that did not include figures for trial preparation or trial has won relief from a decision that limited the entire budget to court fees only – but only for those parts of the budget that were completed.’

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Litigation Futures, 17th October 2018

Source: www.litigationfutures.com