News Category 2
New Guidance on Health and Safety in Docks and Ports - Gordon Exall, Zenith Chambers
30/05/14. The Health and Safety Executive has produced new Guidance on Health and Safety in Docks and Ports. The HSE state: “The new guidance (Safety in Docks: Approved Code of Practice and guidance – L148) replaces the existing Approved Code of Practice (COP25) which has been withdrawn as part of the revocation of the Docks Regulations 1988.
This Approved Code of Practice (ACoP) is more concise and will help dutyholders understand what they need to do to comply with the general duties under the Health and Safety at Work etc Act 1974 and other relevant regulations. Topics covered include Workplace Transport, Falls from Height and Lifting Operations. The new ACoP has been developed to address both the larger end of the industry as well as those engaged in dock work in...
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Public Liability and Highways Claims Post-Jackson: Causation and Initial Liability Investigations - Andrew Mckie, Clerksroom
28/05/14. Causation is one of the most important aspects when considering any highways slipping or tripping claim. The reason of course for this is that even if the claimant can succeed on the issue of breach of duty, the claimant still has to prove causation in relation to the injuries sustained. This becomes even more important when the credibility of the claimant is at issue between the parties.
The claimant of course will have to prove legal and medical causation on the balance of probability. Establishing causation at an early stage in the case will be as important as establishing breach of duty, given that if the claimant’s case fails on the issues of causation, there is little point in establishing breach of duty in the first instance.
This chapter will therefore concentrate solely on investigating causation in relation to highways slipping and tripping claims and occupiers claims and focus on the early investigations to be undertaken in relation to such cases at the outset.
Early Investigation
Early investigation of causation is always going to be key in relation to a highways slipping and tripping case. This will be particularly important if...
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Editorial: Statements of Truth - Aidan Ellis, Temple Garden Chambers
26/05/14. Where a witness has some conversational but imperfect English, whether or not to seek assistance from an interpreter can be a difficult decision. But the consequences of failing to get a statement of case or witness statement properly verified may be severe and it is therefore worth revisiting the key provisions.
In terms of witness statements and statements of case, the position should be clear. Practice Direction 22A paragraph 3A provides that where a person is “unable to read or sign” a document, it must contain a certificate by an authorized person stating, inter alia, that the document has been read to the individual and they appeared to understand it. The threshold is thus set high. An additional certificate is only required where a person is actually...
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The Forthcoming Guideline Hourly Rates 2014 - Matthew Hoe, Jaggards & Taylor Rose Law
23/05/14. The CJC Costs Committee has delayed the announcement of its recommendations for new guideline hourly rates for solicitors. Still, the announcement will be made at some time in the next few weeks.
It is likely to be of considerable importance to solicitors, because the new rates are likely to promote greater consistency on what solicitors will get paid on assessment of between the parties costs.
So, what should solicitors expect? Change is likely. The hourly rates will increase or decrease. The status quo of the last few years will surely come to an end. An increase would counterbalance the reduction in recoverable solicitors’ costs in other areas, particularly personal injury where fixed costs have been introduced with effect from 321 July 2013 for many fast track claims. A decrease would follow a general trend of restricting recoverable costs...
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The Cost of Mental Illness - John van der Luit-Drummond, legal journalist
21/05/14. John van der Luit-Drummond takes a look at the legal risks to businesses of not protecting their employees from mental illnesses such as stress and anxiety disorders.
Each year in the UK around 40% of sick days are attributed to stress, anxiety or depression. Between 2011 and 2012 this would equate to approximately 428,000 days of absence. According to research conducted by the Health Service Executive (HSE) this is at a cost of over £26 billion to UK economy. The research also suggested that one in five employees consider themselves to be suffering from stress as a result of occupational factors.
The UK’s largest trade union, UNISON, also conducted a study into work-related stress among council workers. Its research found that 87% of workers struggle to cope with increasing stress and pressure at work. Work-related stress puts pressure on all aspects of a person’s life, with 70% of those questioned stating that the pressure at work affects...
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![Appeal judge rules that credit hire company has no costs liability following a finding of fundamental dishonesty in personal injury case: RSA v. Fastrack Solutions Limited [2023] 4 WLUK 92 - David Bowden, Erimus Chambers](/content/images/resized/images/stories/carkeys_72_72.jpg)
