The following Energy practice note produced in partnership with Lynne Moss of Burness Paull provides comprehensive and up to date legal information covering:
11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes.
An operator or owner of an offshore oil and gas installation is required to comply with its health and safety duties under the Health and Safety at Work Act 1974 (HSWA 1974), as well as with a number of statutory requirements contained in a number of regulations.
For an overview of the requirements which apply under HSWA 1974, see Practice Note: Safety and the risk to safety under the Health and Safety at Work Act 1974.
Once the prosecution has established that the employer exposed his employee to a risk of injury, or as the case may be, those that may be affected by the risk, the burden shifts to the employer to show that it was not reasonably practicable to do more than was done by him to reduce the risk of injury. See Practice Note: Safety and the risk to safety under the Health and Safety at Work Act 1974 for more information.
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Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
A limited company that proposes to issue redeemable shares must comply with the provisions of the Companies Act 2006 (CA 2006).Why do companies issue redeemable shares?A company may wish to issue redeemable shares so that it has an alternative way to return surplus capital to shareholders without
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
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