17th Apr 2019Newsletters
3 years after it came into force the sentencing Council has published a report assessing the impact of the introduction of the Definitive Guideline for sentencing Health and Safety Offences, Corporate Manslaughter and Food Safety & Hygiene Offences. Using data from the Ministry of Justices’ Court Proceedings Database, they have analysed sentences handed down in […]
17th Apr 2019Newsletters
Faltec is a car part manufacturer, employing around 550 people, and located in a well-populated urban area. On 3 April 2017 Faltec was sentenced in respect of three offences under ss.2, ss.3 and 33(1)(a) of the Health and Safety at Work Act 1974 to a total fine of £1.6 million. A Legionnaires’ disease outbreak gave […]
16th Apr 2019Articles
Introduction The availability of legal aid for bereaved families in inquests is a hotly debated topic that has been the subject of many reviews[1]. This debate led to the Government conducting a review of the current position, which was published in February 2019. The full report can be accessed here. To address concerns as to […]
16th Apr 2019Newsletters
Facts of the Case On 25 July 2017, the NPS London was fined a sum of £370,000 after pleading guilty to an offence of failing to comply with its duty under s.3(1) of the Health and Safety at Work Act 1974. NPS London was a joint venture company, owned 80% by NPS Property Consultants Ltd […]
8th Apr 2019Articles
A Tale of Expansive Interpretation & Criminal Law in Financial Market Misconduct[1] Summary In Andrew Left v Securities & Futures Commission & Market Misconduct Tribunal [2019] HKCA 224[2], the Hong Kong Court of Appeal dismissed an appeal by Mr Andrew Left against the determination of the Market Misconduct Tribunal (“MMT”) on points of law under […]