This page contains a Flash digital edition of a book.
Simply instructing experts to deal with the issue doesn’t mean it’s no longer your problem. It’s your problem until it’s resolved


with the lifts on its premises. However, the basic duty of care which Holmes Place owed to its employees and to its customers was to ensure that every aspect of its operation was as reasonably safe as it could be made. In sentencing Holmes Place and Thyssen,


the judge said that there had been a “systematic failure in management” and “no proper system of work for highlighting failures”. What was clear was that, because of the


continued poor operating history of the lift, it should have been taken out of service until the fault was identifi ed. It seems quite clear that what happened was a failure to recognise a potentially lethal problem that was just waiting to happen. One important thing to remember is that it simply isn’t good enough to think that, because you have instructed experts to deal with the issue, it is no longer your problem. The fact is, it remains your problem until it is resolved. Whenever external advisors/contractors are involved, some sort of regular meeting with


july 2010 © cybertrek 2010 about the author


Craig Baylis is a partner at law fi rm Berwin Leighton Paisner and head of the fi rm’s Regulatory Practice Group. He is widely experienced in health and safety and food safety, and has signifi cant expertise in successfully defending clients in proceedings brought by enforcement agencies. As a leading practitioner in the licensing fi eld, Craig regularly appears before tribunals all over England and Wales, including advocacy in the Crown Courts on licensing appeals. Craig is recognised as an expert in the area by Legal Business Legal Experts and regularly speaks on licensing law at national conferences.


Read Health Club Management online at healthclubmanagement.co.uk/digital 55


management should always be set up as a matter of course, to ensure that the external advisors are progressing with whatever remedies are appropriate, and to understand how the situation should be managed internally.


healthclub@leisuremedia.com chris baylis


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