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jackyjoy123  
#1 Posted : 05 February 2021 12:21:55(UTC)
Rank: New forum user
jackyjoy123

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

A Kurdziel  
#2 Posted : 05 February 2021 13:09:36(UTC)
Rank: Super forum user
A Kurdziel

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.

peter gotch  
#3 Posted : 05 February 2021 13:58:54(UTC)
Rank: Super forum user
peter gotch

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

jackyjoy123  
#4 Posted : 22 February 2021 11:04:48(UTC)
Rank: New forum user
jackyjoy123

Originally Posted by: jackyjoy123 Go to Quoted Post

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? https://krogerfeedback.nl https://talktosonic.onl https://talktowendys.vip https://whataburgersurvey.onl Is there any other recent case law which might be asked in the next Dip Pt. 1 Exam? 

thanks

jackyjoy

thanks my issue has been fixed.

Roundtuit  
#5 Posted : 22 February 2021 12:47:16(UTC)
Rank: Super forum user
Roundtuit

Reported

Roundtuit  
#6 Posted : 22 February 2021 12:47:16(UTC)
Rank: Super forum user
Roundtuit

Reported

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