More recent health and safety prosecutions
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James Atkins and Trevor Atkins have been convicted of gross negligence manslaughter after a woman was electrocuted. In 2017 Deana Simpson...
Robert Spicer
Jan 28, 20212 min read
Recent health and safety prosecutions
Crosfield House Limited, a nursing home, has been fined following an incident in which a resident’s leg was repeatedly trapped in a bed...
Robert Spicer
Jan 24, 20213 min read
Negligence and health and safety: leading cases (2)
Foreseeability Pearson v J Ray McDermott Diving International Inc (2009) P was employed by J. He was attending to a diver from a derrick...
Robert Spicer
Jan 17, 20215 min read
SQUATTING AND THE LAW: CRIMINALISATION OF HOMELESSNESS?
Squatting is generally defined as entering land or a building as a trespasser and living there, or intending to live there. English law...
Robert Spicer
Jan 14, 20214 min read
Health and safety large fines
Recent high levels of fines in health and safety prosecutions The highest reported fine in 2019 for health and safety offences was...
Robert Spicer
Jan 10, 20214 min read
Disability discrimination and health and safety
The relationship between health and safety and disability discrimination law is illustrated by a number of recent cases. Disability...
Robert Spicer
Jan 7, 20214 min read
Noise control at Royal Opera House
Control of workplace noise The Court of Appeal has recently given judgment in a case concerning hearing impairment suffered by an...
Robert Spicer
Jan 2, 202110 min read
Health and safety horrors in care homes
Fatal falls Caring Homes Healthcare Group Ltd, the owner and manager of the Coppice Lea Nursing Home in Surrey, was fined £450,000 in...
Robert Spicer
Dec 19, 20205 min read
QC Cream
QC Cream does not refer to an elite group of barristers but to British fortified wine. This drink was formerly known as British sherry,...
Robert Spicer
Dec 16, 20204 min read
Covid-19 and frustration of contract
The effect of Covid-19 on a wide range of contracts, including employment contracts, consumer agreements and insurance, has yet to be...
Robert Spicer
Dec 12, 20203 min read
Criminal damage: key issues
Criminal Damage Act 1971, section 1(1): A person who without lawful excuse destroys or damages any property belonging to another...
Robert Spicer
Dec 6, 20202 min read
Directors’ liability for health and safety offences
HEALTH AND SAFETY AT WORK, ETC. ACT 1974: LEADING CASES (7) Section 37 of the 1974 Act deals with offences by companies. It states, in...
Robert Spicer
Dec 4, 20204 min read
Alcohol prohibition in the US: crime is what the state says it is?
Prohibition At midnight on January 16, 1920, alcohol was criminalised in the United States of America. The Volstead Act, the Eighteenth...
Robert Spicer
Nov 29, 20203 min read
Crown Censure: latest examples
Crown Censure proceedings are brought by the Health and Safety Executive as an alternative to criminal prosecutions. These proceedings...
Robert Spicer
Nov 25, 20203 min read
More Health and Safety cases
Health and safety cases (6) Section 20, Health and Safety at Work, etc., Act 1974 Section 20 sets out, in detail, the powers of Health...
Robert Spicer
Nov 20, 20202 min read
More Health and Safety cases
Health and Safety at Work Act leading cases (5) Section 6: Injury during trials of dummy mine Case: McKay v Unwin Pyrotechnics Ltd (1991)...
Robert Spicer
Nov 18, 20202 min read
More interesting cases on the Health and Safety at Work Act
Health and Safety at Work Act leading cases (4) Reasonable practicability R v Nelson Group Services (Maintenance) Ltd (1999) N Ltd...
Robert Spicer
Nov 11, 20205 min read
Crown Censure and the rule of law
The “rule of law” has been defined to mean that no man is above the law. This principle is critically undermined by the concept of Crown...
Robert Spicer
Nov 8, 20202 min read
Remote tribunal hearings
EMPLOYMENT TRIBUNALS Remote hearings Summary of most recent provisions Hearings may take place in a wholly or partly remote basis. Wholly...
Robert Spicer
Nov 4, 20202 min read
Manslaughter: illegality defence to compensation claim
SUPREME COURT Illegality defence Case Ecila Henderson (A Protected Party, by her litigation friend, The Official Solicitor) v Dorset...
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