HSE Publishes Annual Injury and Ill-health Statistics for Great Britain

The HSE has published its annual report "Health and safety at work - Summary statistics for Great Britain 2019". Despite Great Britain being one of the safest places to work compared to its EU counterparts, the HSE say the statistics show that the number of injuries and incidents of ill health in workplaces across Great Britain is "still too high".

During the 2018/19 period there were:

• 1.4 million work-related ill health cases (new or long-standing) (estimates based on self-reports from the Labour Force Survey, people who worked in the last 12 months)
• 147 fatal injuries to workers (RIDDOR)
• 0.6 million non-fatal injuries to workers (estimates based on self-reports from the Labour Force Survey)

Regulatory Roundup

• Council and Bus Company fined after a passenger was killed by a lorry at a bus station
• Charity fined after fatal fall at a care home
• Worker injured by forklift truck

Inquest finds schoolgirl death was accidental

In 2017, a schoolgirl died after sustaining chest injuries when she fell from the Splash Canyon water ride whilst visiting Drayton Manor theme park.

At the inquest, the jury delivered a verdict of "Accidental Death". The BBC reported that the inquest was told she had been standing up and "reaching into the water", which was a breach of the park's rules, before she was "propelled" from the boat.

The Notification of Deaths Regulations 2019

Following recommendations made by Dame Janet Smith, Chair of the Shipman Inquiry, new regulations have finally been introduced to ensure greater consistency in the reporting of deaths by medical practitioners in England and Wales. The Regulations came into force on 1st October 2019 with immediate effect.

The regulations impose a duty on medical practitioners to report deaths in certain prescribed circumstances to the senior coroner. Prior to the introduction of the regulations, the reporting of deaths varied significantly across the country.

Court rules the costs of an Inquest are recoverable in a civil claim

Fullick v Commissioner of Police of the Metropolis [2019] EWHC 1941 (QB)

The High Court determined that costs relating to an Inquest are recoverable in a civil claim, but such costs will be subject to the new post-Jackson proportionality rules. Usually, Coroners have no jurisdiction to award costs for inquest hearings.

Forbes avoid disqualification for Company Director

Daniel King recently acted for a company Director who faced criminal prosecution by Companies House for late submission of company accounts. Because there had been two earlier similar breaches the Director was exposed to a disqualification from acting as a Director for up to 5 years.

The company was successful and well-run but the Director in question, who was also Company Secretary, had simply taken on too much of the responsibility for complying with the various regulations relating to the filing of information with Companies House. The company was growing and the various other demands, together with pressures in their personal life, meant that deadlines were missed.

Meet the team:

Daniel King - Managing Partner

Daniel is the firm's Managing Partner and Head of Complex &  Serious Crime and Business Crime and is also a member of the regulatory team. He is an accredited High Cost Fraud Cases Supervisor, Higher Courts Advocate, Duty Solicitor. He leads an impressive and tremendously skilled team with wide experience of all areas of criminal law, particularly business,financial crime and regulatory matters. Recent examples include:

• Successfully defended an estate agent against proceedings for misdescription, in the Magistrates’ Court and before an IRCS Disciplinary Panel;
• Various Health and Safety cases including fatality caused during service work on lift shaft;
• Environment Agency prosecutions for unlawful waste disposal, Legionnaires disease etc;
• VOSA prosecutions relating to tachograph, Operator’s Licence conditions etc.

01772 220257 | Daniel.king@forbessolicitors.co.uk