Additional Delays to the Implementation of the new Liberty Protection Safeguards

Due to new legislation, Mental Capacity (Amendment) Act 2018, Deprivation of Liberty Safeguards were to be replaced by Liberty Protection Safeguards (LPS) in early 2022. The already delayed LPS implementation date of April 2022 has now been delayed further with no new date likely for implementation of the new system to authorise the deprivation of liberty for people aged 16 and over having yet been set.

Practical Jokes and Vicarious Liability

The Court of Appeal have upheld the High Court's finding that an employer was not liable for a contractor's injury that was caused by a practical joke played by one of its employees. We reported the High Court's decision in the case of Chell v Tarmac here at the time.

In summary the Court of Appeal found that the employer had not authorised the employee's actions, nor were they an unlawful mode of doing something that was authorised.

School Fined After Field Trip Ends In Mountain Rescue

Changes to the Highway Code

From 29th January 2022 the rules for all types of road users have been updated in the Highway Code to improve the safety of people walking, cycling and riding horses. The aim of the new rules is to significantly reduce road casualties and the Highway Code states that "cutting the number of deaths and injuries that occur on (the) roads every day is a responsibility we all share".

The interplay between a Council's old Highway Code of Practice and their new one helps them to a successful defence of a highways tripping claim

We successfully defended a claim brought against Wigan Council by a claimant who tripped on a damaged speed bump as she walked over it in January 2019. She claimed that the damage was such that the Council had breached their duty to maintain the highway in accordance with S41 of the Highways Act 1980, in that it was a danger to pedestrians.

Wigan Council denied that the speed bump was such a danger, but claimed that if it was, they had a defence under S58 of the Highways Act as they had taken such care as was reasonable to secure that the highway was not dangerous.

DJ Obi provides significant judgment in the case of AB

Deputy High Court Judge Margaret Obi delivered a significant judgment in the case of AB v Worcestershire County Council & Anor [2022] EWHC 115 (QB). Breaches of Article 3 and Article 6 of the ECHR were being alleged by the Claimant.

The claim for AB was brought on his behalf by the Official Solicitor due to him being a protected person as he did not have the capacity to conduct proceedings in his own right.

Manufacturing company fined after workers exposed to risk

A metals fabrication company has been sentenced for health breaches after several workers were diagnosed with hand arm vibration syndrome (HAVS) or carpal tunnel syndrome.

The company was visited by the Health & Safety Executive in March 2018 following a concern received from an employee. During that visit it was found that there were multiple health and safety breaches, resulting in the company being issued with Improvement Notices.

The HSE's investigation found that there were systemic failings to recognise the risk of hand arm vibration syndrome (HAVS) or to take appropriate action to control exposure.