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

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
back-to-top-scroll