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Is Arbitration possible in HSE cases?
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Mandar  
#1 Posted : 30 March 2013 21:23:02(UTC)
Rank: Forum user
Mandar
Dear Members, As a student of Environmental Health and Safety, I am interested to know whether Arbitration and out of court settlements are possible for HSE cases. If so what criteria decides whether the case can go for arbitration. Thanks in advance.
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Safety Man 1  
#2 Posted : 30 March 2013 22:13:34(UTC)
Rank: Super forum user
Safety Man 1
So for a corporate manslaughter case for example out of court settlement don't think so. If out of court settlements were made companies could save there image, reputation and other words pay a nominal fine for a big company.
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RayRapp  
#3 Posted : 31 March 2013 12:20:25(UTC)
Rank: Super forum user
RayRapp
Out of court settlements only apply to civil law claims in order to reduce the burden of legal costs. Regulatory law is criminal law and subject to the impositions of the Crown and arbitration does not apply. Where an organisation pleads guilty in a health and safety case a Friskies Schedule can be applied by the HSE detailing the aggravating factors with the Summons. If agreed by the defendant then no further charges can be added. Not arbitration per se, but rather admitting limited liability.
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Kate  
#4 Posted : 31 March 2013 17:45:06(UTC)
Rank: Super forum user
Kate
Out of court settlements are the norm in workplace personal injury civil cases.
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DavidMcGuire  
#5 Posted : 01 April 2013 07:16:26(UTC)
Rank: Forum user
DavidMcGuire
Arbitration is usually reserved for commercial/ contract disputes
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Ron Hunter  
#6 Posted : 01 April 2013 12:18:51(UTC)
Rank: Super forum user
Ron Hunter
The following may be of relevance depending on your context: http://www.hse.gov.uk/co...ory-complaintshazard.htm http://www.hse.gov.uk/contact/challenge-panel.htm And of course, there is recourse to judicial review.
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peter gotch  
#7 Posted : 02 April 2013 13:17:09(UTC)
Rank: Super forum user
peter gotch
One could describe most US OSHA cases as being out of court settlements.
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tabs  
#8 Posted : 02 April 2013 13:37:52(UTC)
Rank: Forum user
tabs
Mandar, I am unaware of arbitration being an option available to the CPS in HSE cases. The CPS has to decide if the case will move forward or not but once it does move forward it goes to the courts and nowhere else.
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