We are pleased to share our latest edition of “frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”. In the November edition, we summarise 35 developments in the environmental, safety and health sector. Top stories this month include: The Institute of Safety and Health responding to the Sentencing … Continue Reading
We are pleased to share with you the latest edition of “frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law and Procedure”, our monthly newsletter that provides bite-sized updates on EU and UK law, procedure and policy. This month we review more than 20 developments that may be of interest … Continue Reading
Whilst the recent case of R v ATE Truck & Trailer Sales Limited provides a reminder to litigants that judges are not bound by parties’ agreed bases of plea, it also serves to point out that judges will not necessarily be correct to depart from them. Facts of the case The defendant allowed a scrap metal … Continue Reading
The recent UK Court of Appeal judgement in the case of R v Whirlpool UK Appliances Limited provides a useful analysis on the approach that courts should take when sentencing “very large organisations” under the Sentencing Council’s Definitive Guideline on Corporate Manslaughter, Health and Safety and Food and Safety Hygiene Offences (“the Guideline”).… Continue Reading
Registered waste exemptions are not to be treated lightly and compliance with their conditions is not flexible, as the Environment Agency has reinforced in a recent case. A lengthy investigation culminating in a nearly £20,000 fine has been handed down by Chelmsford Magistrates Court in relation to illegal deposits of waste on farmland in Essex. … Continue Reading
The Definitive Guideline for Health and Safety Offences, which came into force on 1 February 2016 (2015 Guideline), must be applied when sentencing cases in England and Wales. Being separate and distinct legal jurisdictions, the courts of Scotland and Northern Ireland are not bound to follow the 2015 Guideline. Historically, Scottish courts have still recognised … Continue Reading
Penalties imposed by the courts in relation to the adulteration of food can be serious. The Guardian and other papers in the UK reported recently that an Indian restaurant owner has been imprisoned for manslaughter following the death of a customer who suffered an allergic reaction (a severe anaphylactic shock) in January 2014 after eating … Continue Reading
As England and Wales gear up for the new sentencing guidelines for health and safety offences coming into force on 1 February 2016 – which will drastically change the way health and safety offences are sentenced – companies should also be aware of a new, related legislative development. On 10 December 2015, a new Allocation Definitive Guideline was published that will affect … Continue Reading
The Sentencing Council published draft sentencing guidelines for health and safety, corporate manslaughter and food safety and hygiene offences on 13 November 2014. Following the closure of its consultation period on 18 February 2015, the Sentencing Council has today, 3 November 2015, published the new definitive guidelines along with supporting documents, including the response to … Continue Reading
