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bob youel  
#1 Posted : 19 October 2012 08:17:44(UTC)
Rank: Super forum user
bob youel


I would advise that people become familure with ‘The Legal Aid Sentencing and Punishment of Offenders Act 2012’ and connect this with the new HSE fees regs. Both laws came out in October 2012
A Kurdziel  
#2 Posted : 19 October 2012 10:30:35(UTC)
Rank: Super forum user
A Kurdziel

All of the act!
All 154 sections plus 27 schedules!
Which bit has piqued your interest
Jake  
#3 Posted : 19 October 2012 10:38:25(UTC)
Rank: Super forum user
Jake

I believe Bob may be referring to the fact that this legislation prevents companies which have paid for legal representation can no longer apply for costs orders, irrespective of the outcome of the case.

This means companies who successfully defend even the most spurious of prosecutions (and win!) cannot claim their costs back. Clearly there are implications to this, access to justice etc. etc.

This has been covered in the magazines, and it's suggested that the reason this wasn't thrown out for being unreasonable was because MPs believed that companies insurance would cover the costs, however this may not always be the case.

Certainly a legal update that company board directors should be aware of.
A Kurdziel  
#4 Posted : 19 October 2012 13:10:50(UTC)
Rank: Super forum user
A Kurdziel

Thanks Jake
A bit scary really
potts2030  
#5 Posted : 19 October 2012 13:19:33(UTC)
Rank: Forum user
potts2030

This also applies to individuals, i believe the cap for legal aid is now assets over £20000, could be a very big step back if you cant afford a solicitor to defend you
BJC  
#6 Posted : 19 October 2012 13:23:06(UTC)
Rank: Guest
Guest

So the HSE whom gleefully claim costs when you lose dont get to suck up the sauce the other way around ?

johnmurray  
#7 Posted : 19 October 2012 14:48:03(UTC)
Rank: Super forum user
johnmurray

You surely cannot expect everything your own way ?
Legal aid reduced !
Costs not awarded !
I mean, you can now, with impunity almost, Kill, Maim, and cause Industrial Ill Health.
Isn't that enough ?
Or you can get your stuff made abroad and the govs care even less, and don't pay the healthcare either !
RayRapp  
#8 Posted : 20 October 2012 08:39:55(UTC)
Rank: Super forum user
RayRapp

Not forgetting that the Enterprise and Regulatory Reform Bill currently in Parliament, which will change civil liability laws in relation to breaches of health and safety duties. The Government successfully forced through a clause that will amend HSWA 1974, by removing the right to bring civil claims for breach of a statutory duty contained in certain health and safety legislation.
johnmurray  
#9 Posted : 20 October 2012 10:55:50(UTC)
Rank: Super forum user
johnmurray

RayRapp wrote:
Not forgetting that the Enterprise and Regulatory Reform Bill currently in Parliament, which will change civil liability laws in relation to breaches of health and safety duties. The Government successfully forced through a clause that will amend HSWA 1974, by removing the right to bring civil claims for breach of a statutory duty contained in certain health and safety legislation.



Hmmm....section 13 and 14 !

That would be section 61....which does not remove much at all..


(2) Breach of a duty imposed by a statutory instrument containing
(whether alone or with other provision) health and safety regulations
shall not be actionable except to the extent that regulations under this
section so provide.

(2A) Breach of a duty imposed by an existing statutory provision shall not
be actionable except to the extent that regulations under this section so
provide (including by modifying any of the existing statutory
provisions).

(2B) Regulations under this section may make provision about the extent to
which breach of a duty imposed by other health and safety legislation
is actionable (including by modifying that legislation).

Abolition of the office of fair trading....seems reasonable, can't have fair trade..

Looks like notifying sales of tv's may not be needed, although checking with the broadcast act may be needed (boring)

In fact it looks like the bill reforms things by replacing them with other things....I think that biz will need to look at this bill as a consolidation bill rather than a reform bill.

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