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Law Study

Post all your health and safety law questions in here, whether it's case law, general law, individual Acts or Regulations you are challenged with, we are all here to help.

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bigj
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Law Study

Post by bigj »

Does anyone know of a law based course or qualification that focuses on issues of contracts, negligence, tort, liability etc that we tend to come across in our industry? I know that this sort of topic can form part of a wider qualification within the legal profession but my interest lies in this aspect of our legal system and I would like to study it further.
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colinaugust57
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Re: Law Study

Post by colinaugust57 »

Hi bigj :wave:

Not sure about courses, but i found this which may be of use in the mean time - http://www.routledgelaw.com/textbooks/9 ... /links.asp" onclick="window.open(this.href);return false;

it is now on my favourites ./thumbsup..

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bigj
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Re: Law Study

Post by bigj »

Thanks very much, very helpful.
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Re: Law Study

Post by Seand »

Thanks for this useful link :)
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HelenPJ
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Re: Law Study

Post by HelenPJ »

I have just found Jurispedia - online legal resource being built up by contributors in the same way as Wikipedia - so you may need to exercise some caution on some of the info (the same as for any other info on the Interweb ./thumbsup.. )

But, for e.g. Negligence (UK), see http://en.jurispedia.org/index.php/Negligence_%28uk%29" onclick="window.open(this.href);return false;

Regarding courses, have you considered e.g. A Level Law or similar at your local college?
Or the Open University
OU info here:
http://www3.open.ac.uk/study/undergradu ... /index.htm" onclick="window.open(this.href);return false;
Individual law courses/units are listed here:
http://www3.open.ac.uk/study/undergradu ... /index.htm" onclick="window.open(this.href);return false;
../.
Hope this helps :wave:
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Re: Law Study

Post by YoungNick »

Hi :wave:

The technical " law " side of things for me is some still coming together in my journey into Health and Safety and tonight i think I've had a little bit more of a breakthrough ( i hope :lol: ) to understand things a bit better.

Common Law - This is what has been passed by Judges AND where now Case Law exists such as Armour v Skeen and Paine v Colne Valley Electricity Supply Company ... So Armour v Skeen is Common Law?

Statute Law - Acts and Legislation what has been passed by Parliament ? ... So MHSWR 1999 is Statute Law?


Cheers :)

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laurae
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Re: Law Study

Post by laurae »

Statute law is the law (statutes) that has been issued by a process of parliamentary debate and royal consent. A lengthy process with bills etc…

I am not sure MHSWR is statute law (thinking out loud) as they are regulations and the process to pass a regulation is different and does not require royal consent, however it does goes through the parliamentary procedure but primarily deals with the secretary of state.

The HSW Act I would think is statute law as it is an act, goes through parliamentary procedure and requires royal consent.

Yes case law/common law is law established by following earlier judicial decisions. In Armour v Skeen this case marked the first time an individual had been prosecuted under the HSW Act. This case established the precedent.
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Re: Law Study

Post by YoungNick »

lauraepearce wrote:Statute law is the law (statutes) that has been issued by a process of parliamentary debate and royal consent. A lengthy process with bills etc…

I am not sure MHSWR is statute law (thinking out loud) as they are regulations and the process to pass a regulation is different and does not require royal consent, however it does goes through the parliamentary procedure but primarily deals with the secretary of state.

The HSW Act I would think is statute law as it is an act, goes through parliamentary procedure and requires royal consent.

Yes case law/common law is law established by following earlier judicial decisions. In Armour v Skeen this case marked the first time an individual had been prosecuted under the HSW Act. This case established the precedent.

Hi Laura :wave:

You hit the nail right on the head for me there, i think it was mainly Common Law i was having trouble understanding the concept of, but now you have pointed out that case law is Common Law, its helped a lot ./thumbsup..

Thanks again Laura :D

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Re: Law Study

Post by Thommo »

You're on the right track guys with Common Law/Statute Law :) It can seem tricky at first but once you've looked into a bit further its easy to get the hang of - just keep in mind anything that is a prescribed law such as Acts and Regulations is Statute law (they are statutes, hence the term 'statutory duties').

With regards to courses concerning law, the topics mentioned (contract, negligence, tort, liability) cover various elements within the LLB (Law Degree), which is probably a bit too much for what you are after. A-Level law may be a suitable course. People I studied with at university who had done law at A-Level had good knowledge of Tort (negligence, duty of care, etc) when it came to the degree. Within the first week of the degree we had an assignment on Tort issues of negligence, liability and duty of care, etc. Those who had done law at A-Level were confident and happy with the knowledge they already had and gave good answers.

So, A-Level law courses may be an option to consider. It would be worthwhile speaking with a college tutor and discussing the matter with them? :?

Contract and Tort are hardcore elements of law and cover a wide basis of complex issues; they are not to be taken lightly. Fortunately there is a lot of case law which can help deal with the statute law, which can be brutal (depends on the individual studying I suppose and what they prefer).

I am unsure of courses specific to Health & Safety Law. The LLB covers various topics and electives including Corporate Manslaughter, European Law, Human Rights, etc which all tie in. I imagine a Health & Safety Industry Law would be a well sought after course, depending on the course length and final qualification. Other members may have some information if such a thing exists.

Law degree literature, such as books and journals, are readily available (although expensive) and will give greater insight into these topics, however you will be self-teaching youself law, which isn't easy; you'll have the knowledge but no qualification.

Hope this helps :)
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Re: Law Study

Post by YoungNick »

Hey Thommo :wave:

What an extensive and brilliant reply - thank you very much for that ./thumbsup..

The law side of H&S does actually really interest me and i enjoy reading the H&S books i have regarding the courts system and law as a whole. European Law and Corporate Manslaughter as ones that are covered with NEBOSH and i enjoyed learning this to. But it some what is difficult to grasp.

Funnily enough my girlfriend is currently looking into Law at university but she is having some trouble with entry requirements and such.

Really great to have you around the forums Thommo - i can imagine you will have a lot of input at HSfB :D :D
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Thommo
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Re: Law Study

Post by Thommo »

Cheers mate, thanks for the kind words :D

Corporate Manslaughter covered lots of issues including Piper Alpha, Herald of Free Enterprise, etc. It was a really interesting topic - the assignment for that was rather oddly an enjoyable one purely because it was interesting. Actually, (and I'm not the only one) it was all the more 'darker' topics that were more interesting and therefore more enjoyable, such as Criminal Law, Criminal Justice, etc. Sports Law was also a great elective I chose which dealt with yet more negligence, duty of care and other interesting issues which at the end of the day we would all class as Health & Safety matters.

Some of the cases were interesting, like needing to have a trained prop in rugby union (not my code) in order to have contested scrums, otherwise they collapse which can lead to serious injuries. This came in after a referee was held liable following a player sustaining a broken neck due to a scrum collapsing because a prop was substituted through injury and not replaced with another prop - Health and Safety and the Law in sync. There are many more but I'll spare everyone the details.

Good luck to your girlfriend, it is a worthwhile and versatile degree and is what you make of it ./thumbsup.. Depending on what career your girlfriend wishes to end up in, Law can create a lot of opportunities. If I can be of assistance, don't hesitate to contact me. Entry requirements are generally 3 A-Levels or how ever many UCAS points the university will accept. Was 9 years ago since I went to uni (can't believe it was that long ago), so it may have changed since then.

In short, I did law at uni, went on to work in law (medical negligence and personal injury) and then found myself interested in Health & Safety and ended up studying for my NEBOSH General Certificate. Went through redundancy last year so was out of work for a while during which time I did the Fire Certificate and then managed to get my current role which meant moving from Hull to Leeds. Just got results of Construction Certificate last week which I was pleased to have passed despite no revision due to moving and new job.

I've been in the background on HSfB for a while but haven't contributed much, although I will be chipping in more :)
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Re: Law Study

Post by YoungNick »

Thommo,

Will reply to your reply when home (on iPhone at present)

Just read your thread and read your interests on your profile.

Small funny world. A lot in common

Both from Hull, Both love Jack Daniel'a and memorabilia.. Only thing we don't have in common is rugby teams ;)
Hull KR Fan here

Nick
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