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Case review 18/04/2019
The end of thrash metal
The Court of Appeal has rejected the Royal Opera House’s attempt to overturn an award of damages to a musician who suffered acoustic shock from playing in its orchestra – a decision which could be cataclysmic to the entertainment industry, with concerts and music gigs being treated equivalent to a factory, with little justification for excessive noise due to artistic value.
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Article 17/04/2019
Peru: "claims made" policies still valid
There has been a lot of talk, perhaps too much talk, following the recent non-binding opinion of the legal counsel of the local regulator SBS against the universally-accepted “claims made” system of insuring certain liability risks. The SBS opinion is unhelpful and misguided, but relatively inoffensive, and the markets can continue underwriting on this basis.
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News 15/04/2019
Claims Apprentice 2019: Episode 5 – technology and innovation
The penultimate episode of the new six-part video series, Claims Apprentice, in association with Insurance Post, first aired last Thursday and is available to view on our website.
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Article 15/04/2019
Local authorities: correct enforcing authority or a conflict of interest?
Prosecutions brought by a local authority against businesses in which that local authority has a vested interest, can present an actual or perceived conflict of interest that can compromise health and safety enforcement action.
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Article 15/04/2019
Health and safety in agriculture and the HSE’s new farm inspection programme
At the end of March the Health and Safety Executive concluded a two-month long targeted inspection programme of agricultural sites across the UK, as part of its focus on improving safety standards within the farming industry.
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Case review 15/04/2019
Guidance from the Court of Appeal on the sentencing guideline and linked organisations
The Court of Appeal has affirmed the position of how an offending organisation’s finances should be assessed when being sentenced for a health and safety offence, where the offending organisation is partly or wholly owned by a parent company.
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Article 15/04/2019
Autonomous vehicles – the criminal law perspective
The legal framework which has developed gradually over the last 100 years since the invention of motor vehicles governs the criminal liabilities of drivers. The system is well understood and is managed reasonably well by our overburdened criminal courts when drivers fall foul of the law.
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Article 15/04/2019
Court of Appeal significantly reduce health and safety fine following reassessment of likelihood of harm
The Court of Appeal has significantly reduced a fine imposed following reanalysis of expert evidence on “likelihood of harm”.
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Article 15/04/2019
HSE and Environment Agency roundup - April 2019
We have taken a look at some of the Health and Safety Executive and Environment Agency hot topics emerging over recent months and interesting recent developments. Here is a short summary of what we found.
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Case review 15/04/2019
French Supreme Court enshrines new extraordinary circumstance - is this indicative of a softer approach to claims against airlines?
The Cour de cassation recently held that the air carrier is exempted from paying compensation under Regulation EC261/2004 (the Regulation), where the aircraft has been struck by lightning, setting it apart from the English interpretation of this event.