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Legal update

Personal liability for director's failure to obtain adequate employer's liability cover?

The Supreme Court has held that a director was not personally liable for an insolvent company’s failure to obtain and maintain employers’ liability insurance as required by statute.
29 July 2016

Legal update

Corporate manslaughter: developer liability?

A recent corporate manslaughter case highlights potential liability for developers.
04 July 2016

Legal update

Reduction in the extent to which safety law applies to self-employed people

From 1 October 2015, the scope of self-employed persons subject to the duty set in section 3 of the HSWA will be amended by the Deregulation Act 2015.
15 September 2015

Legal update

Court of Appeal: HSE right to issue Prohibition Notice without recipient proof to contrary

A health and safety inspector has won her appeal against a decision of the Administrative Court  which quashed a prohibition notice she had served on Rotary Yorkshire Limited in December 2012.
19 June 2015

Publication

Sentencing for breaches of Health and Safety by very large organisations

Sentencing guidelines for safety and environmental breaches are changing and are likely to increase for large organisations. Case law is now indicating the practical effect of these changes.
16 June 2015

Publication

Environment and Energy Law ; Spring 2015

The latest edition features an update on the amendments to Environmental Permitting Regulations, the recent ClientEarth case and more.
30 April 2015

Publication

CDM 2015

New CDM Regulations came into force on 6 April 2015, with a new CDM regime applying to virtually everyone in the UK who procured or provided construction works and services of any significance.
11 March 2015

Legal update

Accident “very likely” caused by fatigue still basis for safety prosecution

The Court of Appeal recently dismissed appeals brought by Balfour Beatty and Enterprise following the death of a member of the public driving through a temporary traffic management system on the A50.
26 February 2015

Legal update

Appealing a prohibition notice: the importance of getting the statutory provision correct

When a health and safety prohibition notice is issued against more than one person, can a party who exercises no direct control over the activities appeal it? 
13 November 2014

Publication

HSE wrong to issue a Prohibition Notice

We look at a recent case and explore how the HSE was wrong to issue a Prohibition Notice without first giving the recipient an opportunity to prove that safety was not at risk.
06 August 2014

Legal update

Should an employer guard against risks to safety created by an employee's careless acts?

The recent Court of Appeal case Polyflor Ltd v HSE [2014] EWCA Crim 1522 reaffirms that an employer must assess and control the risks to safety of a careless or even a grossly careless employee.
04 August 2014

Publication

Parent Company Liability

A parent company can be liable for the health and safety breaches of its subsidiary. This article looks at when this duty arises and what factors you should be considering in order to manage the risk.
14 July 2014
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