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Regulatory update

Regulatory update. James Thompson Partner & Solicitor Advocate December 2018 . What We Will Cover. Grenfell Tower – update on the inquiry and what this means for fire regulations. Sentencing guidelines – gross negligence manslaughter Sentencing code consultation report

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Regulatory update

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  1. Regulatory update James Thompson Partner & Solicitor Advocate December 2018

  2. What We Will Cover • Grenfell Tower – update on the inquiry and what this means for fire regulations. • Sentencing guidelines – gross negligence manslaughter • Sentencing code consultation report • Food Safety Act 1990 – labelling and the law • Food standards agency – food poisoning on the rise? • Privilege in internal investigations – when does it apply? • Brexit – how to prepare for the unknown (regulatory) • Health and Safety – statistics released • Plastic in the ocean – waste responsibilities for companies • Sentencing roundup – news stories and sentences received

  3. Grenfell Tower fire - update • 14 June 2017 – fire at Grenfell Tower • Public inquiry phase one began on 21 May 2018 • Phase one – what happened on the evening • Phase two – the cladding

  4. Grenfell Tower Fire - update • Government recommendation for a ban on all combustible material. • On 30 November 2018 the Ministry of Housing, Communities & Local Government published that combustible material will be banned and announced amendments to approved document B • Phase 2 to be heard next year, 2019 • What does this mean for the regulation?

  5. Sentencing guidelines – gross negligence manslaughter • Sentencing council has, for the first time, issued guidance on sentencing for manslaughter • Offence range for corporate entity - £50 fine - £10 million • Offence range for individual – Conditional discharge – 2 years custody

  6. Sentencing code – consultation report • Law commission have published report and draft sentencing code • Intention – to simplify sentencing • Next steps – Government need to approve and decide whether to enact the Sentencing Code

  7. Food Safety Act 1990 • Section 1 – definition of ‘food’ • Section 15 – falsely describing or presenting food • Regulation surrounding food labelling

  8. Food Safety Act 1990 • Pret have committed to changing its labelling • Deemed that they previously had a ‘warning’ over labelling however its labelling was lawful • Change in the legislation?

  9. Food Standards Agency – Food poisoning on the rise? • Recent article/guidance suggests care must be taken when handling raw meat as strain of food poisoning on the rise • ROSPA report indicates this is the most common reason for accidental death • How do we take care in ensuring food is safe for consumption? • Legislation – labelling and quality Food Safety Act 1990

  10. Privilege in internal investigations – when does it apply? • Serious Fraud Office (SFO) -v- Eurasion Natural Resources Corporation (ENRC) a landmark case concerning legal privilege • SFO sought disclosure of various documents created by ENRC’s lawyers during the internal investigations • Litigation privilege and legal advice privilege argued • Initial decision determined privilege did not apply – worrying • Appeal – privilege restored.

  11. Privilege in internal investigations – when does it apply?

  12. Brexit – how to prepare for the unknown • Climate of ‘no deal’ possibilities • What is the impact? • Current regulation – • Laws apply to England and Wales – no change to primary legislation • May see new regulation – e.g. fishing, farming, trade

  13. Health and Safety – Death in the workplace Statistics • 144 fatal injuries to workers in 2017/18 • Old -v- young workers • Industry sectors – to be expected? • Flatline – why are the figures not improving? • Risk of further, stricter regulation? • Enforcement changes?

  14. Health and Safety Executive – Annual Statistics • 1.4 million workers suffering from work-related ill health (new or long-standing) in 2017-18 • 30.7 million working days lost due to work-related ill health and workplace injury • 15.4 million working days lost due to work-related stress, depression or anxiety in 2017/2018 • Rate of self reported work-related ill health and non-fatal injury by industry top 3: Agriculture, forestry and fishing; Human health and social work activities; and public administration/defence.

  15. Plastic in the ocean – waste responsibilities for companies • Climate change protests in the national news • Waste regulations 2018 • Social pressure making companies change • What does the law say? • Lead by example?

  16. Sentencing roundup • Midland Red (South) Limited fined £2.3 million for fatal crash in Coventry • 2 fatalities resulted in bus crash • Company dealt inadequately about complaints • Pleaded guilty • Sentenced - £2.3 million

  17. Sentencing roundup • Three companies fined after security guard killed • Associated British Ports, DFDS Seaways PLC and ICTS (UK) Limited • Failed to carry out suitable and sufficient risk assessment • Guilty pleas for all three companies • Associated British Ports fined £750,750 with £9,781.52 costs • DFDS Seaways PLC fined £166,670 with £9766.02 costs • ICTS (UK) Limited fined £500,000 with £9338.82 costs

  18. Questions James Thompson james@woodswhur.co.uk 07702 802506

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