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29 February 2008
Issue: 7310 / Categories: Case law , Law digest
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HEALTH AND SAFETY

Allison v London Underground Ltd [2008] EWCA Civ 71, [2008] All ER (D) 185 (Feb)

The test for the adequacy of training for the purposes of health and safety (under reg 9 of the Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306)) is what training was needed in the light of what the employer ought to have known about the risks arising from the activities of his business.

To say that the training is adequate if it deals only with the risks which the employer knows about is to impose no greater a duty than exists at common law.

The statutory duty is higher and imposes on the employer a duty to investigate the risks inherent in his operations, taking professional advice where necessary (per Lady Justice Smith at para 55).
 

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The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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