Ramsgate walkway collapse: legal ramifications
Barber, J.
Ramsgate walkway collapse: legal ramifications - 2001 - Construction Law Journal 17(1) 2001, 25-48(23) .
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.
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
Ramsgate walkway collapse: legal ramifications - 2001 - Construction Law Journal 17(1) 2001, 25-48(23) .
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.
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