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A fine line?

16 February 2018 / Nick Barnard
Issue: 7781 / Categories: Features , Health & safety
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Nick Barnard considers why corporate health & safety offenders are not being punished as heavily as expected

  • The recent case of R v Whirlpool UK Appliances Ltd suggests judicial caution towards the imposition of large penalties for major corporate health & safety offenders.

This month marks the second anniversary of the publication of the Sentencing Council’s Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences Definitive Guideline (the Guideline). Similar to equivalent guidelines published for environmental offences (July 2014) and fraud and bribery (October 2014), the Guideline created a new and more prescriptive approach to sentencing corporate offenders for health and safety offences.

The recent Court of Appeal judgment in R v Whirlpool UK Appliances Ltd [2017] EWCA Crim 2186, [2017] All ER (D) 124 (Dec), which reduced a significant first-instance fine following a fatal accident, suggests that, despite early indications that the Guideline could result in very large penalties for major corporate offenders, there is judicial caution towards imposing the kind of ‘blockbuster’ fines which some had expected.

In applying

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MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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