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Case review 14-01-2021
Court of Appeal clarifies the extent of the duty of care owed to hotel guests
Ohoud Al-Najar (by her litigation friend, Khadia Al-Mulla) and others v The Cumberland Hotel (London) Limited [18.12.20]: The appellants’ claim was advanced on the basis that the owner of the hotel had broken the duty “to take such care as in all the circumstances of the case was reasonable to see that [the Appellants] person and property were kept reasonably safe, whilst they were staying at the hotel”. Some 30 allegations of negligence were advanced against the hotel relating to the adequacy of security arrangements.
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Report 06-01-2021
COVID-19: what will it mean for the future of risk?
Our research identified five key risk themes that have implications and represent both challenges and opportunities for businesses, insurers, and wider society. This will assist in moving the conversation forward as we look beyond COVID-19, highlighting the important need to reshape the dynamic relationship between companies, households, and insurers.
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Article 22-12-2020
Australian workplace laws to criminalise workplace fatalities
In October 2020, as part of the continuing harmonisation of national work health and safety laws, Australian states and territories are introducing laws for industrial manslaughter, defining a workplace fatality as a criminal offence.
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Article 09-12-2020
Employers’ responsibilities following the Self-Isolation Regulations
The Self-Isolation Regulations were implemented on 28 September 2020. They impose a mandatory ‘self-isolation’ period for those who test positive for COVID-19 and those who have had “close contact” with someone who tests positive for COVID-19. This period of self-isolation means that people should not leave their home or “other suitable place” for a set period of up to 14 days.
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Article 09-12-2020
‘COVID-secure’ workplaces: taking all reasonably practicable measures
The phrase ‘COVID-secure’ is one which we have become all too familiar with. It is a term regularly referred to in government announcements, news articles, business discussions and by regulators such as the Health and Safety Executive. In this article we consider on a practical basis what ‘COVID-secure’ actually means and what businesses are required to do to satisfy the regulators that their workplaces are ‘COVID-secure’.
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Article 09-12-2020
Health and safety roundup: December 2020
We have taken a look at some of the HSE focus areas and key developments emerging over recent months.
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Case review 08-12-2020
Supreme Court ruling on standard of proof in inquests: implications for work-related accidents
On 13 November 2020, the Supreme Court handed down its judgment in this case concerning the standard of proof applicable for determining suicide and unlawful killing in inquest proceedings.
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Article 04-12-2020
Brexit: the future of environmental regulation in the UK
Notwithstanding the unprecedented challenges that 2020 has brought, environmental issues remain at the top of the political agenda. In recent years an increased awareness of the climate crisis has triggered tougher environmental regulation in the UK.
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Article 01-12-2020
Sentencing of health and safety offences during the pandemic: a COVID-19 deduction?
Following the introduction of the Definitive Sentencing Guideline for Health and Safety Offences in 2016, increased the size of the fines ordered by the courts following a company pleading guilty or being found guilty after a trial. We consider in this article whether that trend has continued during the course of the pandemic or whether the courts are taking into account the effect the pandemic is having on businesses, resulting in lower fines.
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Article 27-11-2020
New guidance for Transport Managers: are you managing effectively?
The role of Transport Manager has always been onerous. This individual is required to ensure the legal requirements for road haulage are met as well as taking responsibility for directing, coordinating, planning and overseeing tasks and operations within an organisation involving transportation activities.