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Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
The legal aspect
Jon Payne
Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
The Health and Safety (Safety Advisory
Groups) Regulations 1992
…. No such regulations exist !
Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
Safety Advisory Groups
Is a SAG liable for its acts and
omissions ?
What do you think ?
Liability
Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
Safety Advisory Groups
Do we mean ‘liable’ because of a law
passed by Parliament or something else ?
‘Liable’ to whom ?
Liability
Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
Health & Safety at Work etc Act 1974
Legislation In the main, deals with employment situations
Licensing Act 2003Regulation of certain activities that need a licence
Concept of “Responsible Authorities”
The Corporate Corporate Corporate Corporate
ManslaughterManslaughterManslaughterManslaughter ActActActAct 2007
Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
Health & Safety at Work etc Act 1974
Legislation
Important sections :
2: General duties of employers to their employees.
3: General duties of employers and self-employed to
persons other than their employees.
4: General duties of persons concerned with premises to
persons other than their employees.
20: Powers of inspectors.
Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
Legislation
Licensing Act 2003A SAG is not a ‘responsible authority’
There are no statutory powers for a licensing authority to
delegate any matter to an external body.
It would be unlawful for a licensing authority to add a
condition requiring an agreement to be reached.
• R v London Borough of Hammersmith & Fulham, ex p
Earls Court
• Ellis v Dubowski [1921] 3 KB 621,
• R v Greater London Council, ex p Blackburn [1976] 3 All
ER 184
• S182 Guidance at 8.43
Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
Legislation
Corporate Manslaughter and Corporate
Homicide Act 2007
An organisation to which this section applies is guilty of an
offence if the way in which its activities are managed or
organised—
(a)causes a person's death, and
(b)amounts to a gross breach of a relevant duty of
care owed by the organisation to the deceased.
Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
Legislation
Corporate Manslaughter and Corporate
Homicide Act 2007
The organisations to which this section applies are—
(a)a corporation;
(b)a department or other body listed in Schedule 1;
(c)a police force;
(d)a partnership, or a trade union or employers'
association, that is an employer.
Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
Legislation
Corporate Manslaughter and Corporate
Homicide Act 2007
A duty includes;
(a)a duty owed to employees/other persons working
for the organisation or performing services for it;
(b)a duty owed as occupier of premises;
(c)a duty owed in connection with—
(i)the supply by the organisation of goods or services
(iii)the carrying on by the organisation of any other
activity on a commercial basis, or
(iv)the use or keeping by the organisation of any plant,
vehicle or other thing;
Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
Should a SAG be
concerned ?Legislation
Not all law is based on the Acts or Statutory Instruments of
Parliament
Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
Claims may arise where :
There is ;
• Negligence
• A statutory tort
• A breach of Contract
Case Law
Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
Negligence claims may arise where :
• A duty of care exists
• There is a breach of duty
• The breach causes the harm
• The harm is not too remote
Case Law
Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
Donoghue v Stevenson
“You must take reasonable
care to avoid acts or
omissions which you can
reasonably foresee would
be likely to injure your
neighbour.”
Case Law
Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
Caparo –v- Dickman
Is there a duty of care ?
• harm must be reasonably foreseeable
• there must be ‘proximity’
• it must be fair, just and reasonable to
impose liability
Case Law
Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
Nettleship v Weston
What is the standard to be considered?
• That of a ‘experienced’ and ‘skilled’ SAG
• But the organiser carries some liability too
Case Law
Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
“Dreamspace”
Case Law
Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
“Dreamspace”
“it would seem clear from this that a unique structure such
as Dreamspace would have been outside the normal range
of competence for a local authority’s Health and Safety
team to assess for the purposes of structural safety and
integrity. Given that Maurice Agis was the “manufacturer”
of the structure then, unless he had commissioned
structural engineers to provide advice about how to ensure
that the structure was secure from movement caused by
the impact of wind, what would have been provided as
suitable anchorage would have been no more than the
product of well-meaning guesswork”
Case Law
Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
“Dreamspace”Prosecutions taken against ;
• Mr Agis, the designer – s3(2) offence
£10,000 fine, reduced to £2,500 on appeal
• Brouhaha International Ltd - s2(1) offence
£4,000 fine
• The local authority – s3(1) offence
£20,000 fine
• The chairman of the SAG
‘Left on file’
Case Law
Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
“Dreamspace”Civil claims were also made :
Furmedge & Ors v Chester -Le -Street District Council
[2011] EWHC 1226 (QB)
The “appropriate apportionment of responsibility is 45% to
the Council and 55% to Brouhaha International Limited”
Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
Health & Safety at Work etc
Act 1974
s3(1)
It shall be the duty of every employer to conduct his
undertaking in such a way as to ensure, so far as is
reasonably practicable, that persons not in his employment
who may be affected thereby are not thereby exposed to
risks to their health or safety.
Legislation
Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
“Dreamspace”
The Council’s failing was not necessarily
because of the SAG – it was a “systems
failure” (para 68 & 175 of judgment)
This was a “serious fault with a significant
causative potency”
Case Law
Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
Who is in control ?
Wheat v E Lacon & Co :
• Principle is occupational control
• Two or more may be in control
Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
Who is in control ?
Furmedge and Collings v
(1) Chester-le-Street District Council
(2) Brouhaha International Limited
(3) Maurice Agis
Echoed Wheat – Issue is one of control
and/or occupation. Is there “sufficient
degree of control over premises to be able
to ensure safety ” ?
Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
HSW Act 1974, s 4
It shall be the duty of each person who has, to any
extent, control of premises to which this section
applies or of the means of access thereto or egress
therefrom or of any plant or substance in such
premises to take such measures as it is reasonable
for a person in his position to take to ensure, so far as
is reasonably practicable, that the premises, all
means of access thereto or egress therefrom
available for use by persons using the premises, and
any plant or substance in the premises or, as the case
may be, provided for use there, is or are safe and
without risks to health
Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
Who could claim ?
• Those directly affected
• Secondary victims : Depending on the
circumstances.
McLoughlin v O'Brian
Alcock v Chief Constable of South Yorkshire Police
Case Law
Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
So is a SAG liable ?
Summary
Legislation
Case Law
Summary
Liability
Any
questions ?
Safety Advisory Groups
© Jon Payne 2014
Any questions
Jon Payne
Tel : 07 933 944 000