Is it time to Risk Assess your Risk Assessment?

Supreme Court Decision in Tracey Kennedy v Cordia (Services) LLP 2016 [UKSC6] The Supreme Court’s recent Decision in the case of Kennedy v Cordia overturning the Decision of the Extra Division of the Court of Session (Scottish Appeal Court) brings into focus the vital importance of Risk Assessments. Mrs Kennedy was a Home Carer employed by the Defenders and during the severe winter of 2010 was visiting a terminally ill housebound person when she slipped on snow and ice and … Continued

Serious Injury and Dangerous Driving

The Road Traffic Act 1988 was amended with the insertion of Section 1A, an offence of “Causing Serious Injury by Dangerous Driving.”  This amendment took effect from 3 December 2012. The Section defines “serious injury” in Scotland as “severe physical injury”. It was said that the rationale for the amendment was to fill what was perceived to be a gap between Causing Death by Dangerous Driving (Section 1) and Dangerous Driving (Section 2). The maximum penalty on a Summary conviction … Continued