header-logo header-logo

31 July 2008 / Patrick Harrington KC , Gerard Forlin
Issue: 7332 / Categories: Features
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
back-to-top-scroll