‘Makin’ an insurer pay? It’s a matter of interpretation
Makin v Protec & QBE [2025] EWHC 895 (KB); Burnett v International Insurance Company of Hanover Ltd [2021] UKSC 12 Two cases, both alike in dignity. But with very different…
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Under the Health and Safety at Work Act 1974, employers and self-employed individuals are legally obligated to ensure, as far as reasonably practicable, the health and safety of their employees and others who may be affected by their work activities. This includes conducting risk assessments, providing adequate training, and ensuring that work is carried out safely. In this case, Lloyd’s failure to adhere to these duties was a central factor in her conviction.
Lloyd proceeded with the paddleboarding tour despite severe weather warnings and hazardous river conditions. She failed to inspect the weir, a known danger, and did not conduct a proper risk assessment. An expert concluded that the tour should not have taken place under the prevailing conditions.
Both Lloyd and her co-instructor held only basic flat-water certifications and were not qualified to lead tours on fast-flowing rivers. The prosecution highlighted that Lloyd was not qualified to take paddleboarders out in such hazardous conditions.
Participants were not informed about the presence of the weir or given safety briefings. They were not equipped with appropriate safety gear, such as quick-release waist leashes, and were unaware of how to exit the water safely.
The court found that Lloyd’s actions demonstrated a flagrant disregard for the safety of her clients. Judge Stacey criticized her for misleading accounts of the event and attempting to shift blame onto the deceased co-instructor. The sentencing reflects the seriousness of the offences and serves as a stark reminder of the consequences of neglecting health and safety responsibilities.
This case underscores the critical importance of adhering to health and safety regulations in the outdoor adventure industry. Operators must ensure that they have the necessary qualifications, conduct thorough risk assessments, provide proper training, and equip participants with appropriate safety gear. Failure to do so not only endangers lives, but also exposes individuals and businesses to significant legal consequences.
The tragic events on the River Cleddau serve as a poignant reminder of the paramount importance of health and safety in all aspects of business operations, particularly in high-risk activities like paddleboarding. Nerys Lloyd’s conviction highlights the severe consequences of neglecting these responsibilities and reinforces the need for stringent adherence to health and safety laws to prevent such tragedies in the future.
BTO’s top tier Health and Safety Team routinely advise clients on their compliance obligations through training and review of procedures and have a proven track record in defending prosecutions that may result from non-compliance. Please contact Neil Macdonald if you require assistance with any health and safety related matter.
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