Britain: the need for liability insurance is “the hidden, insidious enemy of variety in communal life”, choking off all manner of neighborhood get-togethers and local fun. Goodbye to a football barbecue: “In order to cover against someone contracting a stomach ailment and then deciding to sue, it would have cost the football club more than ?250 for one afternoon to run the barbecue”. Goodbye also to the local annual tradition of “pole-walking” on a greased telegraph pole in a seaside Welsh village, deemed uninsurable though no one had actually hurt themselves seriously doing it. And “no one dares go ahead without cover. It is happening everywhere: f?tes and fund-raising events shredded of anything that might carry potential for injury, and thus potential for fun.” (Jim White, Daily Telegraph (U.K.), Jul. 5).
Posts Tagged ‘United Kingdom’
“Public liability — a f?te worse than death”
Britain: the need for liability insurance is “the hidden, insidious enemy of variety in communal life”, choking off all manner of neighborhood get-togethers and local fun. Goodbye to a football barbecue: “In order to cover against someone contracting a stomach ailment and then deciding to sue, it would have cost the football club more than ?250 for one afternoon to run the barbecue”. Goodbye also to the local annual tradition of “pole-walking” on a greased telegraph pole in a seaside Welsh village, deemed uninsurable though no one had actually hurt themselves seriously doing it. And “no one dares go ahead without cover. It is happening everywhere: f?tes and fund-raising events shredded of anything that might carry potential for injury, and thus potential for fun.” (Jim White, Daily Telegraph (U.K.), Jul. 5).
U.K.: ban proposed on disrespecting religions
In Great Britain, where there is no First Amendment to protect free expression, Home Secretary David Blunkett has proposed a law banning so-called hate speech directed against religion, apparently in a gesture toward Muslim clerics offended by vigorous criticisms of their preachings. David G. Green, Director of Civitas: the Institute for the Study of Civil Society, warns that such a step would endanger Britain’s history of intellectual liberty — Hume, for one, might have been open to prosecution given the rude things he said about priests — and would act as a protective charter for religious extremism by giving its adherents a way to persecute scoffers by dragging them through the courts. (“Background Briefing”, Civitas, undated). Iain Murray comments as does Mark Steyn (“Blunkett’s ban will fan the flames”, Daily Telegraph, Jul. 13)(via AtlanticBlog). More: Mick Hume, “Don’t you just hate the Illiberati?”, The Times/Spiked-Online, Jul. 12. For earlier proposals along the same lines, see Oct. 19-21, 2001.
$2M suit against city for home plate collision
Over-35 Men’s Slow-Pitch softball player Michael Licitra is suing an opposing player, John Knowles, and the Village of Garden City for $2 million over a broken left leg suffered in a collision at home plate in September 2001. Knowles claims he legally slid head-first; Licitra claims it was a collision that violated league softball rules, though that doesn’t explain why it’s the city’s fault. (Jonathan Mummolo, “Injured softballer crying foul”, Newsday, Jul. 15) (via Romenesko). State Supreme Court Justice Bruce D. Alpert held that the doctrine of assumption of risk “did not relieve the defendant from the obligation of using reasonable care to guard against a risk which might reasonably be anticipated,” which begs the question what Garden City should’ve done differently other than ban softball.
Which, according to Alex Tabarrok, is what is happening to the British school tradition of playing conkers, which occasionally results in bruises from inadvertent (but apparently inevitable) contact. Liability concerns are causing schools to ban the game–along with rugby, soccer, and even recess. The New York Times has an article about the larger issue of the growing problem of American-style lawsuits in Britain. Medical negligence claim costs have risen more than a hundredfold after inflation in the last thirty years. (Sarah Lyall, “Britain’s Stiff Upper Lip Is Being Twisted Into a Snarl”, Jul. 13).
U.K.: It’s sunny, stay inside
According to guidelines issued by the city council of the city of Derby, England, teachers who plan to lead students on summer trips should “consider keeping a supply of maximum factor suncream to spray onto pupils, although they are told not to rub it in for fear of being accused of inappropriate contact.” Meanwhile, in the city of Bristol, staff at Hillcrest Primary school confiscated a bottle of factor 60 sunblock that a mother had given her easily sunburned 8-year-old son to take to school, saying it was forbidden for students to possess medication and that the youth should instead have worn a long-sleeved shirt and sun hat. Perhaps as a concession to the intractable problem of achieving all the different kinds of complete safety at once, the Derby council guidelines urge educators to consider canceling field outings entirely on days that are too sunny. (“Schools warned over sunny trips”, BBC, Jun. 4)(via Common Good “EdWatch“); “School stops boy using sun cream”, BBC, May 4).
Ultimate in buyer’s remorse
“A transsexual who spent ?60,000 on surgery to become a woman is suing her doctor after claiming that he misdiagnosed her with gender dysphoria.” Samantha Kane, 44, of Newcastle-under-Tyne, England, had been a millionaire property owner and father of two named Sam Hashimi until deciding to change his gender in an operation seven years ago. Now Kane says she does not enjoy living as a woman and misses the parts of her body that were cut off. She is suing consultant psychiatrist Dr Russell Reid, saying he advised her improperly and should never have permitted the operation. (Helen Nugent, “Sex-change woman sues over ‘terrible mistake'”, London Times/Gender Trust, May 27).
Update: not the date they expected
“The six straight men who sued to prevent the broadcast of an UK reality show in which, unbeknownst to them, they competed for the affection of a preoperative Mexican transsexual quickly got over their claims of injury and public humiliation in return for a cash payment, clearing the way for the program to debut on UK television”. (see Oct. 31, Nov. 5). Various reports pegged the undisclosed settlement “at anywhere between $150,000 and $250,000 a man”. (Steve Rogers, “Lawsuit settled, ‘Crying Game’-like ‘There’s Something About Miriam’ premieres in UK”, RealityTVWorld, Feb. 23; Debi Enker, “Reality reaches new low”, Melbourne Age, May 20) (via Curmudgeonly Clerk, May 20).
U.K.: “Teachers want to sue children for false accusations”
Fixing the adversarial classroom, or just escalating its madness? “Children and parents who maliciously wreck teachers’ careers by false accusations should be forced to pay compensation, the second biggest teachers’ union [in Britain] said yesterday.” The National Association of Schoolmasters Union of Women Teachers “voted to seek a change in the law to allow children to be sued for compensation and forced to pay the money out of future earnings.” (Liz Lightfoot, Daily Telegraph, Apr. 15). “Only 69 of the 1,782 allegations of abuse made by children against NASUWT members in the past 10 years have led to convictions. In 1,378 cases no action was taken at all, the union says.” (Lucy Ward, “Teachers call for right to sue false accusers”, Guardian, Apr. 15).
U.K.: Great moments in immigration law
In Great Britain, Immigration Minister Beverley Hughes has resigned following a scandal over reports of well-organized fraud and abuse in visa applications from Romania and Bulgaria. “Applicants from Eastern Europe have to demonstrate they can set up a business generating income in Britain. Sir John [Ramsden, a senior Foreign Office official] said the embassy received 70 ‘virtually identical business plans’ from one firm of London solicitors acting for agents in Bulgaria.” James Cameron, a British consul in the Romanian capital of Bucharest, said that “fraudulent applications were being nodded through by the suitcase load without proper checks. He claimed visas had been given to [among others] builders and electricians who ‘knew nothing about bricks, mortar or electrical details’. ‘The applicants rarely know what is in their business plan, cannot speak English, and have absolutely no knowledge or experience in the type of skills needed for respective businesses,’ he said.” Home Secretary David Blunkett announced that a lawyer who had been “involved in fraud and in unacceptable illegal dealings” had been arrested at the end of February. (George Jones, “Blunkett orders inquiry after immigration scandal deepens”, Daily Telegraph, Mar. 13; Brendan Carlin and Ian Waugh, “‘Organized scam’ over immigrant entry to UK”, Yorkshire Post, Mar. 31; “Blair’s worst nightmare”, Yorkshire Post, Apr. 2).
Am I fired, darling?
Workers at the English National Opera have been banned from using the term of endearment “darling” to each other. “The policy, set out in a document called Dignity at Work, singles out the word ‘darling’ as part of a code of conduct which addresses workplace protocol. It tells employees: ‘The use of affectionate names such as ‘darling’ may constitute sexual harassment.'”. A grievance procedure is available for those who are made uncomfortable by hearing the word. (“‘Darling’ ban for opera workers”, BBC, Apr. 22). A spokesman, however, said there was a grandfather clause: “Existing staff who call each other ‘darling’ can continue to do so but, if someone started here on Monday, they could not.” (“‘Darling’ banned for new workers at English National Opera”, Ananova, Apr. 22). “This is simply guidance for employees — we are protecting ourselves and them,” said spokesman Anthony McNeill. “We live in a litigious society.” (AP/Andante, Apr. 22).