Knowledge

Corporate Manslaughter and the hand of Senior Management.

The Corporate Manslaughter and Corporate Homicide Act 2007 sought to address the difficulty at Common Law in establishing corporate liability for manslaughter through individuals whose gross negligence had to be identified with the ‘controlling mind’ of a company. It was thought that the law needed to tackle corporate liability without concerning itself unduly with the …

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The Role of the Health and Safety Investigation Unit

The Role of the Health & Safety Investigation Unit, Scotland Alistair Duncan Head of HSIU outlines the roles, structure, current workload, reporting agencies, pre-reporting oversight, HSIU Engagement, prosecutions and case studies under investigation. Download pdf via this link.

The importance of obtaining expert evidence on the ‘likelihood of harm’

Latest court of appeal decision underlines the importance of obtaining expert evidence on the ‘likelihood of harm’ when responding to a health and safety prosecution By:  Dr Simon Joyston-Bechal, Turnstone Law, 7 March 2019 If your client is prosecuted for a health and safety breach, your main focus will be whether to defend the prosecution …

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Article Links January 2019

January 2019 Time for a health and safety Spring clean? HSE launch their 2019 inspection initiatives – farming and agriculture in the HSE’s spotlight. Link to article Jack Baumgardt j.baumgardt@ashfords.co.uk Ashfords LLP New sentencing guidelines for ‘medical manslaughter’; including the wider circumstances. Link to article  Gemma Brannigan gemma.brannigan@clydeco.com Clyde & Co HSE farm inspections underway. …

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Chief Coroner’s Guidance 30

Chief Coroners Guidance #30 Since the appointment of the first Chief Coroner, His Honour Judge Peter Thornton QC in2012, a number of guidance documents have been produced to assist coroners around thecountry and to provide an element of continuity throughout the coronial jurisdiction. Dated29th January 2019, His Honour Judge Mark Lucraft QC, the current Chief …

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HSLA Product Safety Talk OC and TRS

Product Safety: Criminal Liability for unsafe products. Oliver Campbell QC & Toby Riley-Smith QC Topics Product Safety Legislationtc Act 1974 Sentencing principles Other drivers for product manufacturers and suppliers Civil claims Reputational damage Product Safety Regulation EU’s Two-tiered approach Sector Specific (or Sectoral) Safety Regulations General Product Safety Regulations 2005 Sectoral Safety Regulations Scope 20+ …

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