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

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

NEWS
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
back-to-top-scroll