I've always had a nagging suspicion that the proposal to lump on open-ended additional costs arising from any failed appeal is essentially unlawful. If these costs aren't made known at the start of the appeal process that would seem to be an unfair condition of an implied contract. I could be wrong of course.

I don't disagree with the idea of 'fee for fault'. There a plenty of businesses putting their workforce lives at risk through a disregard for health and safety, mainly due to not wanted to put the cost or time effort into implementing safe working practice, provide the necessary control measures and want to mack a quick buck. These types of businesses should be penalised when they are under cutting companies with larger overheads simply because they are doing things propertly and providing their workforce with the safe working environment. I am just not sure if hourly charges are the way to go about it, it all seems a bit fluffy and uncertain. Perhaps fixed penalties, e.g. this breach = this penalty. Like if you speed you know your breaking the law and you are going to get a £60 fine of caught and if your speeding alot you know you may face prosecution. I think that could be a route, fixed fines for lesser offences which leads to prosecutions for more serious breaches as is currently.