Salud y seguridad

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Artículos Recientes

  •  
    13/03/2024
    United Kingdom

    Court of Appeal rules that defence of illegality in civil claim is not available if not guilty of criminal offence by reason of insanity

    In Lewis-Ranwell v G4S Health Services (UK) Ltd and others [2024] EWCA Civ 138, the Court of Appeal recently held, by a majority of 2 to 1, that where a person has committed a crime, but has been found not guilty by reason of insanity, the defence of illegality will not prohibit them from claiming damages from those who were responsible for assessing their mental wellbeing at the relevant time.Whilst these circumstances are unusual, they are not novel. This Judgment is particularly important for providers of mental health services and their insurers.Background – Criminal ProceedingsOn 10...
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  •  
    01/12/2023
    United Kingdom

    Supreme Court clarifies position on uncontroverted evidence - TUI Ltd v Griffiths

    The Supreme Court has now clarified the position in relation to uncontroverted evidence.After nine years, TUI Ltd v Griffiths [2023] UKSC 48 has reached a conclusion which most practitioners were expecting. Subject to certain important exceptions, evidence which is not agreed must be challenged by cross-examination. This is an essential feature of our adversarial system and is required to ensure fairness to the parties, the witness (whose evidence a judge is invited to reject) and the court.Although Griffiths concerned expert witness evidence, the principle established applies to the evidence of...
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  •  
    30/11/2023
    United Kingdom

    Part 4 of the Building Safety Act 2022 – Are you clear on your duties?

    The Building Safety Act 2022 (the “BSA”) contains measures that are intended to improve and maintain the safety of Higher-Risk Buildings (“HRBs”) throughout the building lifespan. The BSA is split into various sections, with Part 4 placing a raft of obligations on dutyholders to ensure the safety of residents during occupation.The BSA is large, complex and heavily supplemented by secondary legislation, as well as government guidance. This Law-Now article is intended as a useful overview and guide to the key provisions in Part 4.Supplementary RegulationsA brief snapshot of...
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  •  
    16/11/2023
    United Kingdom

    Criminal liability for injuries in Sport – when does it arise?

    It is reported that a man has been arrested on suspicion of manslaughter following the death of ice hockey player, Adam Johnson, on 28 October 2023, during a game between the Nottingham Panthers and the Sheffield Steelers at Sheffield’s Utilita Arena. Mr Johnson, who played for Nottingham Panthers, died as a consequence of a fatal neck injury sustained during the game. There has been little said publicly about the precise circumstances of the injury. Leaving the particulars of Mr Johnson’s injury aside, it does raise the question of when it is appropriate for criminal proceedings to...
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  •  
    23/10/2023
    England and Wales

    Building Safety Act implementation – Wales will be different to England

    In England, a new higher-risk buildings approval regime came into force on 1 October, but in Wales the equivalent regime has not yet been issued and is expected to contain some key differences.The regime that came into force in October is the regulatory framework for approval of higher-risk buildings in England. Details of that regime are in our previous Law-Now article here.In Wales the picture is different. The Welsh Government (WG) has not yet issued its regulations for approval of higher-risk buildings and has said they are likely to be laid in the Senedd this Autumn. On the current timetable,...
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  •  
    18/09/2023
    England

    2 Week Reminder: deadline to register higher-risk occupied buildings

    By way of update to our previous article and client briefing, The Building Safety (Registration of Higher-Risk Buildings and Review of Decisions) (England) Regulations 2023 are now in force and the deadline to register higher-risk buildings (“HRB”) is fast approaching, with only 2 weeks left before the 30 September 2023 deadline.What is a higher-risk building?A higher-risk building is a building in England that:Is at least 18 meters in height or has at least 7 storeys; andContains at lease 2 residential units.This includes student accommodation. The Higher-Risk Buildings (Descriptions...
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