The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
This Practice Note summarises the key offences which can be committed under the Health and Safety at Work etc Act 1974 (HSWA 1974) and the process for their prosecution in the criminal courts in England and Wales.
For information on health and safety prosecutions in Scotland, see Practice Notes: Health and safety investigations in Scotland, Prosecution process for health and safety cases in Scotland and Sentencing health and safety cases in Scotland.
It is an offence for an employer to fail to comply with a duty specified in HSWA 1974, ss 2–6.
HSWA 1974, ss 2–6 set out the general duties of employers, the self-employed, persons who have control of premises, and manufacturers and suppliers to ensure the health and safety of employees and members of the public who may be affected by their work activities. For information, see Practice Note: Safety and the risk to safety under the Health and Safety at Work Act 1974.
HSWA 1974, s 7 places a duty on an employee to take reasonable care for the health and safety of themselves and others who may be affected by their work activities. See Practice Note: Duty to take reasonable care and interfering with safety.
The general duties to ensure the health and safety of non-employees which is imposed on
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Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to consider whether judicial review is be an appropriate means of addressing the issues raised by the case at hand. For further guidance, see Practice Note:
United Nations Convention on the Law of the Sea (UNCLOS)—snapshotTitleUnited Nations Convention on the Law of the Sea (UNCLOS)Parties168Adopted10 December 1982Entry into Force16 November 1994Full textUnited Nations Convention on the Law of the SeaSubject [Catchwords]International Law of the
ECHR, art 5(4)—rights and dutiesThe scope of article 5(4) Article 5(4) of the European Convention of Human Rights (ECHR) provides that: 'Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided
Capital allowances on property sales—pre-contract enquiriesThis Practice Note is about capital allowance-related pre-contract enquiries on a property transfer. It applies to the grant of a new property interest (eg a lease) as well as to the acquisition of an existing lease or freehold.For clauses
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