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26 July 2007
Issue: 7283 / Categories: Case law , Law digest
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HEALTH AND SAFETY

Ellis v Bristol City Council [2007] EWCA Civ 685, [2007] All ER (D) 76 (Jul)

Regulation 12 of the Workplace (Health, Safety and Welfare) Regulations 1992 (SI 1992/3004) (floors must be suitable for purpose) requires the court to consider suitability in the context of the circumstances of use, including circumstances which are temporary in nature, providing they arise with a sufficient degree of frequency and regularity.

The paragraphs read together, require that the surface of a floor or traffic route must not be slippery. The court also reiterated that official publications emanating from the relevant government department can be referred to in civil proceedings as an aid to construction and that a Code of Practice which is designed to give practical guidance to employers as to how to comply with their duties under statutory regulations can be taken as providing some assistance as to the meaning it was intended those regulations should have.

However, it is always necessary to treat such guidance with caution, since it may be wrong and does not carry the authority of a decision of the courts.

Issue: 7283 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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