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Legal Article

Effective Risk Assessing Post-COVID

03 Jul 2020

Coronablindness (Noun) "To become blind to previously obvious matters as a result of a temporary impairment of the mind caused by a global pandemic, mass lockdown and/or over-indulgence in alcoholic beverages during said periods". Usage "Sorry I forgot to put apply the…

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Legal Article

Limits on article 2 inquests in deprivation of liberty (DoLS) case

01 Jul 2020

In the case of R (on the application of Maguire) v HM Senior Coroner for Blackpool & Fylde [2020] EWCA Civ 738, The Court of Appeal has ruled that the state's investigative obligations under Article 2 ECHR do not arise where someone lacking capacity and deprived of their liberty (who we will…

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Legal Article

PPE in non-healthcare work during the coronavirus outbreak

30 Jun 2020

The HSE has reminded us that the coronavirus outbreak has not changed an employer's duty to make sure people are not exposed to hazardous substances as part of their work and has issued guidance to employers specifically aimed at the outbreak. Personal protective equipment (PPE) protects the…

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Legal Article

House of Commons votes against revoking secondary care legislation

29 Jun 2020

The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 were introduced this April as an emergency response to the COVID-19 pandemic. Without parliamentary scrutiny or in-depth consultation, the changes were made with minimal consultation and without adherence to the usual 21-day notice…

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Legal Article

Civil Justice Review of the impact of COVID-19 on the Courts.

29 Jun 2020

The Civil Justice Council has published its report following the review of the impact of the COVID-19 Pandemic on the Civil Justice System. The report notes the rapid expansion of the use of remote hearings, the fact that very few face to face hearings have taken place in April and May 2020, and the…

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Legal Article

HSE Prosecutions Update

29 Jun 2020

Two recent HSE prosecutions remind employers of their obligations to employees when working in potentially dangerous situations and of the fines and imprisonment that will follow if the HSE finds failings. Chelmsford Crown Court heard that in July 2017, a worker was seriously injured when roof…

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Legal Article

Claimant's claim discontinued in face of robust expert evidence

29 Jun 2020

Forbes recently represented a Local Authority in respect of multi-track case brought by a school boy who had suffered serious dental injuries when a door in a school corridor collided with his face. It was the claimant's case that a fellow pupil had accidentally pushed/kicked the door from the…

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Legal Article

Claim put on ice as claimant discontinues slipping claim

29 Jun 2020

Despite this current heatwave, Forbes has defended a claim for personal injury following a slip on ice. We examine why the claimant discontinued the claim and what local authorities can do to be in a position to defend such claims. M v North Lincolnshire Council The claimant alleged that…

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