Archived Legal Articles from 2019

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Derbyshire Council fined £500,000 for failure to provide safe care


Derbyshire County Council have recently been fined £500,000 following the first prosecution brought by the Care Quality Commission (CQC) against a local authority since the watchdog was given powers in 2015 to prosecute health and social care providers for failing to provide safe care and…

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Regulatory Update - November


Council and Bus Company fined after a passenger was killed by a lorry at a bus station A bus passenger was run over by a grab lorry as she walked across a pedestrian crossing at a bus station. She subsequently died as a result of her injuries. The bus station had been demolished and was in the…

Court rules the costs of an Inquest are recoverable in a civil claim


Fullick v Commissioner of Police of the Metropolis [2019] EWHC 1941 (QB) The High Court determined that costs relating to an Inquest are recoverable in a civil claim, but such costs will be subject to the new post-Jackson proportionality rules. Usually, Coroners have no jurisdiction to award…

The Notification of Deaths Regulations 2019


Following recommendations made by Dame Janet Smith, Chair of the Shipman Inquiry, new regulations have finally been introduced to ensure greater consistency in the reporting of deaths by medical practitioners in England and Wales. The Regulations came into force on 1st October 2019 with immediate effect…

HSE Publishes Annual Injury and Ill-health Statistics for Great Britain


The HSE has published its annual report "Health and safety at work - Summary statistics for Great Britain 2019". Despite Great Britain being one of the safest places to work compared to its EU counterparts, the HSE say the statistics show that the number of injuries and incidents of ill health…

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Forbes acted in Landmark Fraud Case


Craig MacKenzie and Craig Liversidge have acted for an accountant charged with multiple frauds and making employer-related investments. This was a high profile case widely reported in the press. It was the first case of its kind prosecuted by The Pensions Regulator (TPR). Proceedings followed…

Managing sickness absence as a result of an injury sustained at work


Accidents happen…just as much in the workplace as they do in the outside world. Employees may unfortunately sustain an injury while at work, which could result in them being off sick. This could be a slip resulting in a broken leg, with multiple operations required, or could be sustained due to…

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Regulatory update - March 2019


Reminder to Ensure Scaffolding is Stable and Safe in High Winds Following the recent exceptional high winds, the HSE is calling on construction workers to ensure scaffolding is stable and safe by following the scaffold design checklist. According to the HSE, the scaffold checklist is designed to…

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Regulatory update - Jan 2019


Healthcare company fined following fatal minibus accident In March 2014, a vulnerable patient was being transported home in a minibus following a GP appointment. The minibus was travelling along the A52 at speed when the patient opened the door and leapt out. She was fatally injured. Elysium…

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