Lawford Kidd's Blog

Sheriff Principal James Taylor has recently published his much anticipated report on the system of expenses and funding of civil litigation in Scotland. The report contains a number of recommendations for far-reaching changes to the current system, some of which relate directly to the personal injury claims process.

Background

The need for a review of expenses and funding of civil litigation in Scotland was initially highlighted by the then Lord Justice Clerk, the Rt. Hon. Lord Gill, in his report of the Scottish Civil Courts Review. The recommendation was taken up in March 2011 when Sheriff Principal Taylor, a member of the Board of the Scottish Civil Courts Review, was asked to conduct the review by the then Minister for Community Safety, Fergus Ewing MSP.

The Review was extensive, and included 57 meetings, a fact finding visit and a public consultation exercise. It has resulted in a report described by the Scottish Government as “thorough and meticulous,” which puts forward a number of radical and substantial changes to the current system, and sets out 85 recommendations to put these into practice.

The owner of racing stables in North Yorkshire has been prosecuted after a yard worker fell more than three metres through a skylight in a stable block.

Paul Cussons, who had worked at Thorndale Farm near Richmond for 26 years, was asked by trainer and bloodstock agent Alan Swinbank to cut down some overhanging trees above an ageing stable block before planned renovation work.

Mr Cussons had not been trained in either the use of a chainsaw or in how to work safely at height. He took a chainsaw onto the roof of the stable block but as he was sawing through the branches he slipped on some leaves and fell through a skylight, landing on the concrete floor below. He broke both shoulder blades, fractured a rib and punctured a lung.

The Health and Safety Executive investigated and two Prohibition Notices were served on Mr Swinbank preventing further work activity with the chainsaw and stopping work at height.

Mr Alan Swinbank pleaded guilty to breaching Section 2 (1) of the Health & Safety at Work etc Act 1974. He was fined £10,000 and ordered to pay £6,048 in costs.

The agricultural sector has the highest rate of fatalities of any other industry in Great Britain. The five year average rate of fatal injury is 0.7 per 100,000 for all workers. In agriculture, it is 9.6 per 100,000, much higher than any other industry. In 2010/11 there were 34 fatal injuries to workers.

Find out more about farm or rural accidents here.

Tighter crowd controls must be introduced at many music and sports events in the UK to safeguard spectator safety, the Institution of Occupational Safety and Health (IOSH) has warned.

Formal safety training for stewards, the retention of all-seater stadiums and better management of crowd flows are among measures urged by IOSH after its poll of sports and music fans revealed many had been hurt at an event or involved in a crowd surge.

Most big gigs or matches are well-organised with health and safety the number one priority, said IOSH, but there are still events being held across the UK every year which fall well below the necessary safety standards.

Nearly one in three people feared for their safety at a major sports or music event, according to the poll of 3,000 fans. Of those who felt unsafe, half blamed overcrowding, while many cited drug or alcohol misuse (18%), fighting (13%) and rowdiness of crowds (16%).

More than one in ten said they had been injured or hurt at an event, and a third had been caught up in a crowd surge – where people push forward en masse.

The Institution wants to see music event organisers provide competent on-site training for all stewards employed, and better management of crowds once inside a venue.

IOSH’s call to action comes in the wake of a number of disasters over the past decade in which people have been crushed to death in crowds. IOSH’s Sports Grounds and Events Group also reiterated its call to maintain all-seater stadiums in Premier League and Championship football stadia – a call backed by the Hillsborough Family Support Group.