Health and Safety

Recent Articles

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  08/07/2025

  Europe

  Titanium Dioxide (E171) – EU Court Challenges Titanium Dioxide De­clas­si­fic­a­tion as Carcinogen

  Since our previous article regarding titanium dioxide and the EU’s ban on its use as a food additive in August 2022, the regulatory landscape for titanium dioxide (TiO₂, or E-number E171) has continued to evolve, particularly within the EU where there has been renewed judicial scrutiny and disagreement among the EU’s institutions on whether it should be classed as a carcinogen and regulated accordingly. Potted history of titanium dioxide as a food additiveTitanium dioxide is a naturally occurring oxide of titanium. It is a white opaque powder which has a wide range of...

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  19/06/2025

  United Kingdom

  The Supreme Court rules on Building Safety Act issues

  The Supreme Court has last week issued its eagerly awaited decision on various issues arising under the Building Safety Act and the Defective Premises Act. The decision will be of direct relevance to many other building safety claims currently before the courts and those yet to be commenced. Whilst generally consistent with the Court of Appeal’s decision, the Supreme Court has left one important issue for further consideration in future cases.URS Corporation Ltd v BDW Trading Ltd: a recapBDW engaged URS to provide engineering services in relation to two separate developments comprising more...

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  27/05/2025

  England and Wales

  Vicarious liability and contracted bouncers – haven’t we been here before?

  In Burger v JD Wetherspoon and Risk Solutions BD Ltd [2025] EWHC 1259 (KB) the High Court, on appeal, found that JD Wetherspoon (JDW) was not vicariously liable for an assault carried out on a customer by two “door supervisors” employed by its contractor, Risk Solutions BD Ltd (RS).RS was a genuine independent contractor. As such, it was not necessary to consider whether the relationship between JDW and the door supervisors was sufficiently analogous to an employment relationship to impose vicarious liability.The factsJDW engaged RS to provide security services at one of their pubs....

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  30/04/2025

  England and Wales

  Changes in construction product marking in UK: indefinite extension of CE marking

  The UK's exit from the EU has led to significant changes in regulatory compliance, particularly in product marking standards. After the UK's withdrawal from the EU, the government planned to replace CE marking with UKCA marking in Great Britain, with a grace period ending on 30 June 2025.However, following the Independent Review of Product Testing and Certification (or the “Morrell-Day Review”), which highlighted the UK's inadequate testing capacity, the government confirmed that CE marking would continue indefinitely for construction products. It also committed to providing a minimum...

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  23/04/2025

  United Kingdom

  Reforming the Construction Products Regime: Green Paper

  The BackgroundThe government recently published its official response to the Grenfell Tower Inquiry Phase 2 Report, addressing all 58 recommendations and outlining the government’s proposed reforms. As part of its response, the government also published the Construction Products Reform Green Paper (the Paper), which proposes extensive measures for system-wide reform of the construction product regulatory regime, including proposals that address the Inquiry’s recommendations. The Paper also serves as the government’s response to the Independent Review of Product Testing and Certification...

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  22/04/2025

  England and Wales

  Risky business: Navigating materiality, in­sig­ni­fic­ance and the pitfalls of absolute risk in mesothelioma claims

  BackgroundThe judgment in Johnstone v Fawcett Garage [2025] EWCA Civ 467 provides a comprehensive analysis of the principles of materiality, the meaning of "insignificant risk” and the "absolute risk" approach in the context of mesothelioma claims.The claim was brought by Alexander Johnstone (Personal Representative of the Estate of Elaine Johnstone) in respect of the Mrs Johnstone’s death due to mesothelioma. The claim was issued against Fawcett's Garage, where Mrs Johnstone had worked and allegedly been exposed to asbestos. Mrs Johnstone worked at Fawcett's Garage between...

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