header-logo header-logo

A rehearsal too far

04 May 2018 / Jonathan Clarke
Issue: 7791 / Categories: Features , Health & safety , Employment
printer mail-detail
nlj_7791_clarkes

A drama at the opera has turned the spotlight on the music industry’s legal obligations to protect musicians. Jonathan Clarke talks to Susan Ghaiwal

  • The first known case of a professional musician claiming damages for injury resulting from the loudness of the music which he and/or his fellow musicians played.

The recent case of Goldscheider v Royal Opera House Covent Garden Foundation [2018] EWHC 687 (QB), [2018] All ER (D) 09 (Apr) is the first known case of a professional musician claiming damages for injury resulting from the loudness of the music which he and/or his fellow musicians played. The decision clearly demonstrates that health and safety legislation (in this case the Control of Noise at Work Regulations 2005, (SI 2005/1643)) applies to all employers, including those in the music and entertainment sectors. The employer’s duty to ensure the employee’s health and safety at work is not subservient to considerations of artistic excellence. ‘The Regulations recognise no distinction as between a factory and an opera house’ (para [207] of the judgment).

The case

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
Peter Kandler’s honorary KC marks long-overdue recognition of a man who helped prise open a closed legal world. In NLJ this week, Roger Smith, columnist and former director of JUSTICE, traces how Kandler founded the UK’s first law centre in 1970, challenging a profession that was largely seen as 'fixers for the rich and apologists for criminals'
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll