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08 November 2007 / Ed Mitchell
Issue: 7296 / Categories: Features , Community care
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Community Care Law Update

SLIPPERY FLOORS >>
OMBUDSMAN Decisions >>
VULNERABLE ASYLUM SEEKERS >>

CARE HOMES

As a result of the Court of Appeal’s decision in Ellis v Bristol City Council [2007] EWCA Civ 685, [2007] All ER (D) 76 (Jul) shiny smooth floors should become a thing of the past in those care homes in which liquid spillages frequently occur. The case was brought by a care assistant, Ms E, who had worked in a care home for older persons with mental illness, many of whom were incontinent. She fell and injured herself having slipped in a pool of urine left in a corridor by a resident. She brought a compensation claim based on an alleged breach by the home of the Workplace (Health, Safety and Welfare Regulations)1992 (SI 1992/3004) (the regulations).
Corridors in the care home were made of shiny smooth vinyl. They were washed daily and buffed with a machine. They would become slippery when wet. Non-slip mats were placed on those sections of the corridors upon which urination most often occurred. In the case

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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