Category: health & safety

An end to ‘a reasonable period’? Awaab’s Law – Nearly Legal

Posted January 10th, 2024 in compensation, consultations, government departments, health & safety, housing, landlord & tenant, local government, news, repairs, time limits by sally

‘As you will doubtless recall, the Social Housing (Regulation) Act 2023 introduced a new section 10A Landlord and Tenant Act 1985, implying a term into all social tenancies that the landlord will comply with all “prescribed requirements” on responding to relevant defects to be specified in regulations – the framework for “Awaab’s Law”. A breach of section 10A would be actionable by the tenant in the County Court – quite possibly together with section 9A/10 and section 11.’

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Nearly Legal, 9th January 2024

Source: nearlylegal.co.uk

Government consults on legal requirements for social landlords to address hazards including damp and mould quickly – and in some cases within 24 hours – Local Government Lawyer

Posted January 10th, 2024 in compensation, consultations, government departments, health & safety, housing, landlord & tenant, local government, news, repairs, time limits by sally

‘The Secretary of State for Levelling Up, Housing and Communities, Michael Gove, has launched a consultation on the introduction of strict time limits for social housing providers requiring them to take swift action in addressing dangerous hazards such as damp and mould.’

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Local Government Lawyer, 9th January 2024

Source: www.localgovernmentlawyer.co.uk

Major social landlord to pay nearly £11,000 to residents after failings in damp and leak repairs – Local Government Lawyer

Posted January 10th, 2024 in compensation, health & safety, housing, landlord & tenant, local government, maladministration, news, ombudsmen, repairs by sally

‘The Housing Ombudsman has ordered Clarion Housing Association to pay £10,800 in compensation to tenant households after it made four findings of severe maladministration across three cases.’

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Local Government Lawyer, 9th January 2024

Source: www.localgovernmentlawyer.co.uk

Building Safety Act requires rethink of SPV risk arrangements – OUT-LAW.com

Posted January 8th, 2024 in building law, construction industry, health & safety, housing, news by tracey

‘Organisations using specially set up companies – special purpose vehicles, or SPVs – to deliver new UK housing schemes have been urged to plan ahead for the increased potential exposure to liability they may face under the Building Safety Act.’

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OUT-LAW.com, 5th January 2024

Source: www.pinsentmasons.com

Courts will continue to shape building safety law in 2024 – OUT-LAW.com

Posted January 4th, 2024 in building law, construction industry, health & safety, news by sally

‘Construction companies should expect the courts in England and Wales to be sympathetic to building safety claims in 2024.’

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OUT-LAW.com, 3rd January 2024

Source: www.pinsentmasons.com

Material Contribution and Holmes v Poeton Holdings Limited: One Issue Down, More to Go – 12 King’s Bench Walk

Posted January 3rd, 2024 in appeals, causation, chambers articles, damages, employment, health & safety, industrial injuries, news, personal injuries by sally

‘Henry Charles looks at a recent decision from the Court of Appeal which settles the longstanding question of whether material contribution applies to cases of divisible injury.’

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12 King's Bench Walk, 28th November 2023

Source: clinicalnegligence.blog

What is the appropriate level of damages when a property is unfit for human habitation? – Doughty Street Chambers

Posted January 3rd, 2024 in chambers articles, damages, health & safety, housing, landlord & tenant, news, repairs by sally

‘In Dezitter v Hammersmith and Fulham Homes (Central London County Court, 7 November 2023), the court considered the appropriate level of damages to award where a property is unfit for human habitation.’

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Doughty Street Chambers, 16th November 2023

Source: insights.doughtystreet.co.uk

Griffiths v TUI: Supreme Court Unanimously Allows Appeal – International & Travel Law Blog

Posted December 20th, 2023 in appeals, chambers articles, compensation, health, health & safety, holidays, news, Supreme Court by sally

‘The Supreme Court has handed down its long-awaited judgment in Griffiths v TUI [2023] UKSC 48, an appeal which directly concerns a Package Travel holiday sickness claim but which will also indirectly affect all those who are involved in civil litigation, due to wide ramifications of the Court’s consideration of the issue of uncontroverted expert evidence. In this post, Peter Hale considers the Supreme Court’s decision to overturn the decision of the majority of the Court of Appeal.’

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International & Travel Law Blog, 29th November 2023

Source: internationalandtravellawblog.com

Alerter by Tim Green KC & Douglas Maxwell – The fundamental reform of product safety? – Henderson Chambers

Posted December 20th, 2023 in chambers articles, compensation, government departments, health & safety, news by sally

This article provides a concise summary of the significant changes that are being considered to the UK’s product safety regulation over the next 12 months. In August 2023, the Department for Business and Trade (the “DBT”) and the Office for Product Safety and Standards’ (the “OPSS”) published a Consultation on “Smarter regulation: UK product safety review” (the “Consultation”). The Consultation was part of the Government’s “smarter regulation strategy” and broader regulatory reform of product safety. The Ministerial Forward did not shy away from the potential scale of the changes, stating “fundamental reform is necessary”. The relatively short Consultation window closed on 24 October 2023.’

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Henderson Chambers, 3rd November 2023

Source: www.hendersonchambers.co.uk

Adam Johnson: The Neck Guard Debate – Mountford Chambers

Posted December 20th, 2023 in chambers articles, health & safety, inquests, news, sport by sally

‘The tragic death of ice hockey player Adam Johnson on 28 October 2023 has caused considerable shock.’

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Mountford Chambers, 6th November 2023

Source: www.mountfordchambers.com

Tiger Tiger: West End nightclub fined for caustic soda shot error – BBC News

Posted December 20th, 2023 in fines, food, health & safety, news by sally

‘A West End nightclub has been fined for accidentally serving caustic soda with tequila shots rather than salt, Westminster City Council has said.’

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BBC News, 19th December 2023

Source: www.bbc.co.uk

Betsi Cadwaladr fined £200k for mental health failings – BBC News

Posted December 19th, 2023 in fines, health & safety, hospitals, mental health, news, suicide by tracey

‘A health board has been fined £200,000 after a woman killed herself on one of its mental health wards.’

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BBC News, 18th December 2023

Source: www.bbc.co.uk

Hippersley – an important point – Tanfield Chambers

Posted December 18th, 2023 in building law, chambers articles, health & safety, housing, landlord & tenant, news, repairs by sally

‘Robert Bowker and Pauline Lam (Russell Cooke) examine the Upper Tribunal’s decision in Adriatic Land 5 Limited v The Long Leaseholders at Hippersley Point [2023] UKUT 271 (LC).’

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Tanfield Chambers, 16th November 2023

Source: www.tanfieldchambers.co.uk

Newport council fined £2m after tractor killed worker – BBC News

Posted December 15th, 2023 in bereavement, employment, fines, health & safety, local government, news by tracey

‘A council has been fined £2m after one of its employees was hit by a passing tractor and killed.’

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BBC News, 15th December 2023

Source: www.bbc.co.uk

Housing Ombudsman launches special investigations into three London landlords after rising maladministration rates – Local Government Lawyer

Posted December 13th, 2023 in health & safety, housing, landlord & tenant, local government, London, maladministration, news, ombudsmen, repairs by sally

‘The Housing Ombudsman has launched special investigations into Camden Council, Hackney Council and Hyde Group after casework showed all three landlords struggle with damp and mould, repairs and complaint handling.’

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Local Government Lawyer, 12th December 2023

Source: www.localgovernmentlawyer.co.uk

Section 21 and Gas Safety – post start of tenancy installations – Nearly Legal

Posted December 6th, 2023 in health & safety, housing, landlord & tenant, news, repairs, repossession by sally

‘The issue of gas safety certificates has been revisited again in Van-Herpen v Green & Green (2023) County Court at Hastings, 4 December 2023, in which I acted for the Defendants. This time, the questions for the court were whether a Building Regulations Compliance Certificate (“BRCC”) from the installation of a boiler or a Gas Safety Certificate (“GSC”) arising out of a plumber’s visit some two months later had to be served for the section 21 notice to be valid.’

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Nearly Legal, 5th December 2023

Source: nearlylegal.co.uk

Rugby concussion: Wales’ Henson and Charvis named in lawsuit – BBC News

Posted December 4th, 2023 in case management, class actions, damages, health & safety, news, personal injuries, sport by tracey

‘Former Wales stars Gavin Henson and Colin Charvis are among 295 ex-players suing the rugby authorities over brain injuries, it has emerged. The High Court heard on Friday that an application for the cases to be heard collectively would be made next year.’

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BBC News, 2nd December 2023

Source: www.bbc.co.uk

Newham v Chaplair: the lessons to be learned – Local Government Lawyer

Posted December 1st, 2023 in building law, fines, fire, health & safety, housing, landlord & tenant, local government, news, repairs, sentencing by tracey

‘Archie Maddan explains what was involved in the first successful prosecution of a tower block owner for failure to remove flammable cladding.’

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Local Government Lawyer, 30th November 2023

Source: www.localgovernmentlawyer.co.uk

Tis’ the season to be jolly, but avoid the pitfalls! – Employment Law Blog

Posted November 30th, 2023 in alcohol abuse, employment, equality, health & safety, news by sally

‘Whilst many employees may be welcoming the arrival of the festive season and the array of office parties and workplace socials involved, senior managers and HR will be putting their thinking caps on, as well as their Santa hats, to seek ways to minimise the possibilities of any fallout following the merry times.’

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Employment Law Blog, 30th November 2023

Source: www.kingsleynapley.co.uk

Rat-infested Bedford Prison found to have highest violence levels – BBC News

Posted November 17th, 2023 in government departments, health & safety, news, prisons, violence by tracey

‘Bedford Prison has higher levels of violence than any other prison in the country, according to a critical report from inspectors.’

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BBC News, 17th November 2023

Source: www.bbc.co.uk