Ramsgate walkway collapse: legal ramifications
Series: Construction Law Journal ; 17(1) 2001, 25-48(23)Publication details: 2001Subject(s):- CONSTRUCTION (DESIGN AND MANAGEMENT) REGULATIONS 1994
- CONSTRUCTION (DESIGN AND MANAGEMENT) REGULATIONS 1994
- CORPORATE MANSLAUGHTER
- CRIMINAL LIABILITY
- DESIGN AND BUILD CONTRACTS
- DUTY OF CARE
- HEALTH AND SAFETY AT WORK ETC ACT 1974
- HSE V PORT RAMSGATE LTD AND OTHERS
- LATENT DEFECTS
- MANAGEMENT OF HEALTH AND SAFETY AT WORK REGULATIONS 1992
- QUALITY ASSURANCE
- RISK ANALYSIS
- BUILT ENVIRONMENT-BUILDING STANDARDS
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS64093 (Browse shelf(Opens below)) | 1 | Available | 113241-1001 |
Analyses the judgment in "HSE v Port Ramsgate Ltd and others" and related legal developments to structural safety and the wider implications for procurement and working practices. Considers: criminal liability for latent defects under the Health and Safety at Work etc. Act 1974; the common law duty of care in tort in such cases; the impact of the Management of Health and Safety at Work Regulations 1992 and the Construction (Design and Management) Regulations 1994; and the possibility of charges of manslaughter being brought. Calls for authoritative guidance on the role and responsibilities of design-build clients; statutory powers for the regulation of design-build contractors; a review of the Health and Safety at Work etc. Act, and of the use of jury trials for such prosecutions and fines and costs; review procedures to eliminate inadequacies in standards; the removal of legal confidentiality to enable relevant health and safety information to be released; and the implementation of the Law Commission's recommendations on corporate manslaughter.