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Criminal law – Trial. The defendant company appealed against its conviction for failing, so far as reasonably practicable, to ensure the health and safety of its employees after an employee suffered a fractured arm at work. It contended that the judge had erred in rejecting its no case submission on the basis that a risk that would only have materialised if an employee had done something very foolish was insufficient to pass the evidential threshold. The Court of Appeal, Criminal Division, in dismissing the appeal, held that the creation of a material risk by the carelessness, including gross carelessness, of an employee remained a material risk. Accordingly, the judge had been right to conclude that the threshold for the case to go to the jury had been crossed.
Criminal law – Trial. The defendant company appealed against its conviction for failing, so far as reasonably practicable, to ensure the health and safety of its employees after an employee suffered a fractured arm at work. It contended that the judge had erred in rejecting its no case submission on the basis that a risk that would only have materialised if an employee had done something very foolish was insufficient to pass the evidential threshold. The Court of Appeal, Criminal Division, in dismissing the appeal, held that the creation of a material risk by the carelessness, including gross carelessness, of an employee remained a material risk. Accordingly, the judge had been right to conclude that the threshold for the case to go to the jury had been crossed.
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC
The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts