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Hello,
Posted By John Usher I've been unable to find any reference to the following case law - R v Associated Octel 1996 ER 846. Any ideas? Is there any other recent case law which might be asked in the next Dip Pt. 1 Exam?
thanks jackyjoy
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Rank: Super forum user
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https://publications.parliament.uk/pa/ld199697/ldjudgmt/jd961114/octel01.htm Is a record of the actual judgement from the House of Lords in 1996 and as such it established a binding precedent on any case dealing with this issue. Just because the case is 25 years old does not change that and any newer case law would have to change some aspect of this judgement. In a nutshell, their Lordships agreed that the legal culpability of the defendant (in this case Associated Octel Co. Ltd) depends on how much control the employer exercise over the work and not on the contractual relationship between them and a sub contractor. Octel told RGP(the subbies) how to do their job and as such were liable if anything went wrong.
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Rank: Super forum user
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To add to what AK has eloquently noted, it is one of multiple cases that confirm that a legal person (such as a company) cannot contract out of their criminal legal responsibilities as set out in statutory provisions. P
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Rank: New forum user
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Originally Posted by: jackyjoy123 
thanks my issue has been fixed.
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Rank: Super forum user
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Rank: Super forum user
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