Tuesday 12 Dec, 2012
HELLO
This month, SMIB wrestles with some very difficult legal
problems.
A district council in Northern Ireland chose not to clear up a
playing field after a bonfire because it felt that the clearers
would be attacked. An unexploded firework later injured a child;
was it sufficient that the council had contemplated and attempted
the 'reasonable steps' required under occupier's liability
legislation? Turn to page 2 to see the High Court of Justice's
decision.
The police are generally understood to have some sort of
immunity against claims of negligence when they fail to stop a
criminal. However, Michael & Others v the Chief
Constable of South Wales Police saw two such claims: one
of negligence at common law and another under the European
Convention on Human Rights.
Our third case, JGE v English Province of our Lady of
Charity, looked at the nature of the employer/employee
relationship. Could it be extended to include a diocese and a
priest, thereby making the diocese vicariously liable for the
priest's actions?
Our final question is almost philosophical in nature: is a
finding of '100% contributory negligence' competent in law? You'll
find several views on the answer on page 7 - and our
conclusion.
Enjoy this issue of SMIB.
Gavin Henderson
E gavin.henderson@simpmar.com
T 0131 525 8587
