Making sense of sentencing
28 December 2018
The uncertainty surrounding the outcome of a prosecution is usually the most stressful part of the process. As such, lawyers are inevitably asked by clients what the outcome is likely to be…
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HSE FFI Update
03 February 2017
The Health and Safety Executive has been recovering its’ costs for carrying out its regulatory functions from duty holders since 2012. The Fee For Intervention Scheme has its’ critics, but in the past few years, we have seen individuals and companies who are in material breach of health and safety law broadly accepting what is akin to a punitive tax on non-compliant businesses.
Sentencing uncertainty in uncertain times?
20 December 2016
The 2015 Sentencing Council’s Definitive Guidelines on Health and Safety Offences etc. came into force in England and Wales on 1st February 2016. The 2015 Guidelines extend in their application to non-fatal Health and Safety offences and propose a matrix by which fines are to be calculated.
SEPA Enforcement Powers – A New Landscape for the Construction Sector
23 August 2016
The Regulatory Reform (Scotland) Act 2014 and Environmental Regulation (Enforcement Measures) (Scotland) Order 2015 granted SEPA additional powers from 1 June 2016 to issue fixed fines of up to £1000 in relation to suspected environmental offences, with powers to impose variable fines of up to £40,000 expected in late 2016.
Lost Footing
09 March 2016
On 10 February 2016 the Supreme Court issued its eagerly awaited decision in the case of Kennedy v Cordia (Services) LLP, unanimously allowing Miss Kennedy’s appeal.
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