The Appeal Court has found in favour of a jockey who was badly injured in a fall at Cheltenham racecourse seven years ago, but said the applicability of health and safety law in the case meant it was not an “easy” decision.

This is an interesting debate… Should our Law cover us in the proverbial cotton wool and protect us from all risk (commonly known as Conkers Bonkers) so that the Legal profession can grow even richer from arguing obscurities… My view is that it as be as intended, a pragmatic way of empowering business to manage risk in a grown up practical way that that enables enterprise and promotes responsibility and diligence… In other words we need to drive towards being risk aware not risk averse and this will help stop all the unjustified negative publicity H&S attracts. I must admit that Civil law rulings as above does not help… H&S law is there to protect us not prevent us and that is as it must be!

David Simms