Bribery Act to come into force in April 2011 - time to take action

The provisions of the Bribery Act come into force in April 2011. Organisations which fail to implement a programme to prevent bribery could be hit with an unlimited fine and serious reputational damage.

The importance of compliance after Buncefield

There doesn't have to be a fatal accident for a large fine to be imposed on an organisation for breaches of duty relating to health, safety and environmental law.

Local authority litigation update

With cuts to public spending high on the current political agenda, the focus on litigation issues for local authority in-house lawyers increases too.

Construction fatal accidents: directors beware?

Directors of construction companies should take note that the current Government has accepted several recommendations in Rita Donaghy's report, "One Death is too Many", on construction fatalities.

Limiting the spread of contamination... and its legal consequences

Most people are aware that it's a criminal offence to cause or knowingly permit pollution to occur. But it's not just a prosecution by the Environment Agency that companies need to be concerned about.

Not so fine! £500,000 fine for corporate manslaughter and £100,000 fine for health and safety offences causing death.

Fines of seldom less than £500,000 and £100,000 respectively will be handed out to organisations guilty of corporate manslaughter and health and safety offences causing death under the Sentencing Guidelines Council's guidelines published on 10 February.

'Fit notes' to be introduced from 6 April

The demise of the sick note as we have known it for more than 60 years is nigh! The existing sick note will be replaced with a new Statement of Fitness for Work, the so-called 'fit note'.

Lord Justice Jackson publishes final report on civil litigation costs

Lord Justice Jackson's Civil Litigation Costs Review makes a number of important recommendations which, if implemented, could result in significant changes to civil procedure.

A guide to health, safety and other prosecution risks - part 14. What will the future look like?

If only we knew for sure! What we do know is that in the area of regulatory enforcement the last couple of years have brought great changes – new legislation, new case law and a new political emphasis. This trend is set to continue.

A guide to health, safety and other prosecution risks - part 13. PACE interviews - a word of caution

Following an incident, if the regulator believes an offence has been committed, a request for an interview under caution pursuant to the provisions of the Police and Criminal Evidence Act 1984, often referred to as a "PACE interview" may be made.

A guide to health, safety and other prosecution risks - part 12. When the summons hits the fan....

Accidents happen: it's a fact of life and business. No matter what an organisation does to prevent an accident, or to deal with the aftermath to prevent a re-occurrence, there may be situations where a prosecution will still be brought.

A guide to health, safety and other prosecution risks - part 11. There's a rat in the kitchen, what am I gonna do?

Any business involved in the manufacture, preparation, storage, service or sale of food, even if only in the staff canteen, needs to be aware of and deal with the vast array of regulation with which it is required to comply.

A guide to health, safety and other prosecution risks - part 10. ...as we protect those who trespass against us...

To what extent do trespassers need to be warned, protected, or prevented from coming onto property that might cause them harm?

A guide to health, safety and other prosecution risks - part 9. Driving in the course of employment - are you in the driving seat?

Approximately 20 people are killed and 250 seriously injured every week in crashes involving someone who was driving or otherwise using the road for work purposes.

A guide to health, safety and other prosecution risks - part 8. Total recall - dealing with a defective product

Wragge & Co's health and safety experts pose some essential questions for producers and/or distributors to consider and suggest some steps to take should a risk to consumers arise.

A guide to health, safety and other prosecution risks - part 7. Fit for work: the impact of 'fit note' proposals upon accidents in the workplace

172 million days were lost in 2007 due to sickness absence in the UK - equating to about 2.6% of working time. Of those days, 34 million were lost due to work-related illness.

A guide to health, safety and other prosecution risks - part 6. Guilty without trial: the scourge of Enforcement Notices

The possibility of a prosecution for breach of regulations is at the forefront of every employer's mind when under investigation.

A guide to health, safety and other prosecution risks - part 5. Pollution - spills do not lead to thrills

Pollution can arise from the most innocuous of situations and strike without any warning. The consequences can be severe, not just for the environment and any creatures or habitat affected by the pollution, but also for those found to be responsible.

A guide to health, safety and other prosecution risks - part 4. Accident investigation - learning from the error of your ways

We all know that accidents do happen from time to time. Immediately after an accident or near miss there is a perfectly natural desire to understand what happened, why and how it can be prevented from happening again.

A guide to health, safety and other prosecution risks - part 3. An inspector calls....HELP!

The Health and Safety Executive (HSE), local authority or environment agency can turn up at your premises at any time. Following a report of an incident or accident, you can expect a regulator/authority visit – and the police if there has been a fatality.

A guide to health, safety and other prosecution risks - part 2. The Grim Reaper - points to consider when an accident has fatal consequences

Let's put this in perspective. Fatal accidents in the workplace are rare - 180 in Great Britain in 2008/9 and most arise in agriculture and construction. Because they are uncommon, and unexpected, organisations are often not sure how to respond.

A guide to health, safety and other prosecution risks - part 1. The blame game - personal liability of directors and officers

Corporate offences are usually strict liability. This means there is no need for the prosecutor to prove that the offence was committed deliberately or even negligently.

Remediation and liability: do it safely or else

The High Court decision in Corby Group Litigation v Corby District Council highlights the importance of ensuring that organisations, including local authorities and developers, take the issues of land remediation and environmental health seriously.

No liability for employer for work equipment not within their control

In the case of Smith -v- Northamptonshire Council the House of Lords decided that equipment supplied by a third party and not within the control of the employer, should not be considered to be "work equipment" and "provided for use at work".

Corporate manslaughter

The first prosecution under the Corporate Manslaughter and Homicide Act 2007 has sent a strong message to organisations, fail to provide a safe working environment and end up charged.

Further judicial guidance on the employment status of casual workers

In the case of R v Pola, the Court of Appeal has provided further guidance as to when a casual worker will be considered to be an employee for the purposes of the Health and Safety at Work etc. Act 1974 (the 'Act').

Striking up a partnership: the Regulatory Enforcement and Sanctions Act 2008 - a summary for businesses

A key part of the Regulatory Enforcement and Sanctions Act 2008 is due to come into force on 6 April 2009.

Litigation survival guide - part 6. Regulatory breaches - steps in the right direction

We live in an ever more regulated age. European and global markets are increasingly regulated and this trend looks set to continue.

Guilty until innocence proved for health and safety breaches

Following the decision of the House of Lords in R v Chargot Limited and Others, it has never been more important for companies and company officers to take health and safety seriously.

When will you be liable for the actions of independent contractors?

The normal rule is that a company is only vicariously liable in negligence for the acts of its employees and not for the acts of the employees of any independent contractors.

Causing death by careless driving

One of the aims of the Road Safety Act 2006 is to make roads safer and reduce the number of accidents by discouraging dangerous driving behaviour.

The Wragge & Co balloon debate

And who says dispute resolution can't be fun? Watch the video to find out who was top dog!

Sentencing alert - time to sit up and take note

Out with the old and in with the new? The Regulatory Enforcement and Sanctions Act 2008 - a summary for local authorities

Health & safety legislation alert - The Health and Safety (Offences) Bill

Employers could face the double threat of jail sentences and bigger fines for a greater number of health and safety offences under proposed new legislation. Wragge & Co's legal experts keep you informed with the facts.

Winning and losing under Part 36

"Beating" a Part 36 offer will not necessarily lead to a costs order in your favour as seen in Carver v BAA. Read our analysis of this potentially far reaching decision and consider our action points when reviewing all Part 36 offers.

Corporate manslaughter

Local authorities will be more vulnerable to prosecution where their actions or omissions cause a death, under new Corporate Manslaughter and Corporate Homicide Act, which comes into force on 6 April 2008.

Recycle, recycle, recycle

On 6th April 2008 the Site Waste Management Plans Regulations come into force. What does this mean for you?

Reputation, reputation, reputation

If the latest proposals by the Sentencing Advisory Panel are adopted as currently seems likely, organisations convicted of corporate manslaughter after 6 April 2008 could face a potential PR disaster.

Competency under the Construction (Design and Management) Regulations 2007 and how to assess it

It's reasonable to rely on the court's decision

Protection from Harassment Act and claims against employers

A Court of Appeal decision in Conn v Sunderland City Council may reign back the flurry of claims brought under the Protection from Harassment Act 1997 (PHA).

Corporate manslaughter - time to get cracking

The Corporate Manslaughter and Corporate Homicide Act 2007 comes into force on 6 April 2008. Thinking you have plenty of time to assess its impact and take appropriate steps is likely to put your organisation at serious risk.

No room for complacency in manual handling operations

The risk of injury from manual handling operations is something employers need to consider, monitor and keep under review.

CDM Regulations: compliance with mobilisation provisions