Knowledge

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 …

Corporate Manslaughter and the hand of Senior Management. Read More »

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. You are unauthorised to view this page. To view this page please log in to your HSLA …

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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 2019If your client is prosecuted for a health and safety breach, your main focus will be whether to defend the prosecution or …

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

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 articleJack Baumgardt j.baumgardt@ashfords.co.ukAshfords LLPNew sentencing guidelines for ‘medical manslaughter’; including the wider circumstances.Link to article Gemma Brannigan gemma.brannigan@clydeco.comClyde & CoHSE farm inspections underway.Link to articleSally Roff sroff@dacbeachcroft.com DACBeachcroft LLPSentencing Guidelines …

Article Links January 2019 Read More »

Chief Coroners Guidance #30Since 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 Coroner, …

Chief Coroner’s Guidance 30 Read More »

Product Safety: Criminal Liability for unsafe products. Oliver Campbell QC & Toby Riley-Smith QCTopicsProduct Safety Legislationtc Act 1974Sentencing principlesOther drivers for product manufacturers and suppliersCivil claimsReputational damageProduct Safety RegulationEU’s Two-tiered approachSector Specific (or Sectoral) Safety RegulationsGeneral Product Safety Regulations 2005Sectoral Safety RegulationsScope20+ sectoral safety regulationsExamples:Construction Products Regulations 2013Lift Regulations 2016Electrical Equipment Safety Regulations 2016Apply to products …

HSLA Product Safety Talk OC and TRS Read More »