header-logo header-logo

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

A rehearsal too far

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

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll