HSE is checking businesses in the transport sector are COVID-secure

In the run up to the festive period, the Health and Safety Executive (HSE) is working with local authorities to inspect businesses in the transport and logistics industry to ensure they are managing the risk of coronavirus (COVID-19).

With the current lockdown restrictions, the demand for online shopping is already high and this is expected to increase over the next few weeks. This will also increase demand in the supply chain for the sector.

Inconsistencies in "unimpressive" claimant's evidence - claim dismissed

Forbes acted for a Midlands steel company and at trial successfully defended an alleged slipping claim.

The Claimant was employed by the Defendant as a driver. He alleged that on the date of the accident in 2016 he was securing a load of stock and, as a result of oil getting on to his vehicle and his boots, he slipped and fell from the vehicle, twisting his foot and leg in the ladder, and falling head first.

UK ICO Publishes New Guidance on the Right Of Access

On 21 October 2020, the UK Information Commissioner's Office ("ICO") released its updated guidance on the Right of Access under Article 15 of the EU General Data Protection Regulation ("GDPR").

The Right of Access

The right of access provides individuals with the right to request and obtain a copy of their personal data, as well as supplementary information, and helps individuals understand how and why organisations are using their data.

Assault by Service User does not lead to liability finding

DB v Wigan Council

Judgment 18/11/2020

Before his Honour Judge Bird @ Manchester County Court following a 2-day trial.

The Claimant worked for the Council as a carer in a home which looked after young people with a range of disabilities on a respite basis. During a shift when the claimant was providing 1 to 1 care to a young man (X) with severe autism, he kicked out and struck the claimant on two separate occasions separated by a couple of hours.

A focus on Mental Health and the Annual Health & Safety report

The HSE have released their annual report to include health and safety statistics for Great Britain for 2019/2020. The statistics have been compiled with assistance from the Labour Force Survey.

The headline figures shows that there were:

• 111 fatal injuries at work
• 1.6 million working people suffering from work-related illness
• 0.8 million working people with work-related stress, depression or anxiety
• 0.5 million working people with work-related musculoskeletal disorder cases
• 0.7 million workers sustaining a non-fatal injury

Should Local Authorities be making strike out applications based on CN v Poole?

Recently the Court heard an Application brought by the Local Authority, Derbyshire County Council, to strike out a claim in negligence brought by X, a minor.

Under CPR 3.4 the Court has the power to strike out a statement of case if it appears that there are no reasonable grounds for bringing the claim. Essentially, the Court must decide if there is a triable issue.

Cheshire Council fined after child falls from height

Cheshire West and Chester Council received a substantial fine after a young child fell almost three metres to the floor from a gap in railings, sustaining serious head injuries.

Chester Magistrates' Court heard how on 16 November 2018, a family was visiting Chester City centre to watch the Christmas parade. While standing at a viewing point on The Rows at Bridge Street, their 21-month-old daughter fell through a gap in the railings onto the floor below, resulting in a fracture to her skull.

HSE Roundup for November 2020 - Adequate Training

Each month we review the HSE prosecutions to bring to you cases of interest that might be of relevance to your workplaces. This article focuses on the need for adequate training. We have another on that looks at this month's cases around proper planning of work.

HSE Roundup for November 2020 - Proper planning of Work

Each month we review the HSE prosecutions to bring to you cases of interest that might be of relevance to your workplaces. This article focuses on the need for proper planning of work. We also have another focus in this month's cases around adequate training.

Proper planning of Work

Construction firm fined after worker was seriously injured

A construction company was fined after an employee was struck by the placing boom of a concrete pump, causing serious injuries.

Forbes secures another Fundamental Dishonesty Finding for Rochdale Council

The Claimant alleged that on Saturday, 7th May 2016 at approximately 7.30am she was making her way to a local newsagent when she fell down inside an open drainage grid. Various accounts referred to her falling into the narrow hole up to her waist, with one account claiming, incredibly, that she went into the hole so deep that only her head was showing. She suffered a fracture to her right ankle.

Victory for Common Sense - High Court considered duty of care to passer-by during cricket game in a park

In what can only be described as a common sense decision the High Court overturned an order requiring the London Borough of Wandsworth Council to pay damages and costs totalling nearly £35 000 to a woman who was hit by a cricket ball in Battersea Park, whilst she was walking with a friend.

Phoebe Lewis was struck on the eye by the ball as she walked on a path adjacent to the boundary of a cricket pitch in the park. Battersea Park has two adult use cricket pitches, and the one she was walking past was the smaller of the two.