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26 July 2007
Issue: 7283 / Categories: Case law , Law digest
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HEALTH AND SAFETY

Ellis v Bristol City Council [2007] EWCA Civ 685, [2007] All ER (D) 76 (Jul)

Regulation 12 of the Workplace (Health, Safety and Welfare) Regulations 1992 (SI 1992/3004) (floors must be suitable for purpose) requires the court to consider suitability in the context of the circumstances of use, including circumstances which are temporary in nature, providing they arise with a sufficient degree of frequency and regularity.

The paragraphs read together, require that the surface of a floor or traffic route must not be slippery. The court also reiterated that official publications emanating from the relevant government department can be referred to in civil proceedings as an aid to construction and that a Code of Practice which is designed to give practical guidance to employers as to how to comply with their duties under statutory regulations can be taken as providing some assistance as to the meaning it was intended those regulations should have.

However, it is always necessary to treat such guidance with caution, since it may be wrong and does not carry the authority of a decision of the courts.

Issue: 7283 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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