Grateful to redken for finding this piece about Merlin Attractions Ltd. unsuccessful appeal against the fine imposed. The judges' opinion may produce an increasingly risk-averse approach among some organisations managing historic sites. Yet it doesn't always follow that if a risk assessment had been carried out, barriers would have been erected - that might depend on the obviousness of the hazard, the consequences of a fall and the historic importance of the structure. There are many sites in the UK where fall from height risks exist at historic structures, from the prehistoric site at Skara Brae on Orkney to the cliffs at Tintagel via the City Walls at York and the monastic buildings at Fountains Abbey. HSE provided some reassurance to those organisations after the Warwick Castle judgement, in the form of a carefully worded statement posted on the web site of the Visitor Safety in the Countryside Group (VSCG), on its forum pages within a thread on the case, here - http://vscg.co.uk/forums/viewthread/3/. So I don't think we will necessarily encounter a plethora of new barriers at every fall from height risk either in historic settings or at coast and countryside, although hopefully the organisations managing Dunham Massey (NT) and Culzean (NTS) have already considered these risks.

So, barriers will need to be erected at visitor attractions, where the risk of a similar incident occurring is probably small. However, barriers do not need to be erected at railway stations (see post: a railway guard has been convicted of manslaughter) where I would suggest the risk is far higher and could potentially occur 24/7, 365 days a year (strikes days excluded). I used to have a sheet of paper to show people when we had any discussion about legal matters. It said: There are three things we must remember about the British legal system. It has nothing to do with common sense. It has nothing to do with fair play and It has nothing to do with justice. I believe the statement is still true. Something for everyone to think about over the coming holiday, if the world doesn't end tomorrow. Rodger Ker