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31 July 2008 / Patrick Harrington KC , Gerard Forlin
Issue: 7332 / Categories: Features
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Child's play

The Court of Appeal has refined the test of the meaning of risk, say Patrick Harrington QC and Gerard Forlin

R v Porter [2008] EWCA Crim 1271is is an important appeal decision reviewing the current legal test of “risk” under the Health and Safety at Work etc Act 1974 (HSWA 1974). In essence, it states that there needs to be a real, as opposed to theoretical or fanciful, risk and whether the existence of a previous similar accident can be a relevant factor.

James Porter is the headmaster of Hillgrove School in North Wales. He has run the school since 1975; it is a very successful school currently educating children from the age of three plus to 16. Mr Porter is utterly dedicated to the pupils at the school; his first priority is their welfare; he is totally committed to their wellbeing. The school itself was not purpose built; it was initially a private house at the beginning of the 20th century and became a preparatory school in the 1930s.

The school has

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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