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25 January 2013 / Keith Patten
Issue: 7545 / Categories: Features , Health & safety , Personal injury
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Step back in time

Removing liability for health & safety regulation breaches would take us back to the 19th century, says Keith Patten

Imagine the following facts: Fireman Sam is on duty at a fire station. An emergency call is received that a woman is trapped under a heavy vehicle 300m from the fire station. The officer in charge directs Sam, and some of his colleagues, to attend the scene, along with a large and heavy jack standing on four wheels. The only vehicle available to transport the jack is an ordinary lorry with a plain floor and sides. There is nothing to which the jack can be secured, so Sam and his colleagues cling on to it to try to stop it from moving around in the back of the lorry. Shortly after leaving the fire station the driver is forced to apply the brakes sharply. Sam and his colleagues are unable to stop the jack from moving. As it does so, it strikes Sam’s ankle causing him a serious, career-threatening injury.

Current law

The

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MOVERS & SHAKERS

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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