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19 November 2010 / Atiyah Malik , Alistair Kinley , Alistair Kinley
Issue: 7442 / Categories: Features , Health & safety
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Climate change

Does Lord Young’s report represent a return to common sense? Atiyah Malik & Alistair Kinley report

In his recent and long-awaited report, Common Sense, Common Safety, Lord Young observes that “businesses now operate their health and safety policies in a climate of fear”. One of his main aims was to eliminate this. His main terms of reference were: “to investigate and report back to the prime minister on the rise of the compensation culture over the last decade coupled with the current low standing that health and safety legislation now enjoys and to suggest solutions”.

Moreover, it was clear from the outset that Lord Young would be involved not just in reviewing the system but also in implementing change, as can be seen from a further sentence in his terms of reference which added that: “Following the agreement of the report, to work with appropriate departments across government to bring the proposals into effect.”

It is widely acknowledged that the interpretation of health and safety regulation has become confusing and can

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NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
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’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
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
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