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Efforts are continuing to contain the oil spill taking place in the Gulf of Mexico. Existing US law makes the parties responsible for an oil spill liable for clean-up costs, but limits to $75 million their exposure to other liabilities. But there is a move in Congress to raise that limit to $10 billion with the intention of applying this law retrospectively to BP.
Laws with retrospective effect are a classic example of a human rights abuse. Equally in a business situation, those seeking and providing insurance should be able to ascertain the costs risk arising. But in some cases the US Supreme Court has upheld such laws as constitutional. One rationale is that such laws are “regulatory” in nature rather than “punitive”. A similar trend for regulatory enforcement has developed in the UK recently with use of “non-criminal” sanctions, such as civil enforcement orders and penalties, which allow for the burden of proof to be lowered due to the “civil” nature of the enforcement.
So does the US attempt to pass retrospective legislation amount to an abuse of Human Rights – or good economic sense?
Following an MP debate on 5 November 2019, the government is due to release long-awaited guidance as to how it intends to protect workers in the retail industry against violence, harassment and abuse.
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Statistics released by Eaton indicate that 1 in 4 Universities have received complaints about fire safety issues or building evacuation procedures from students, staff or members of the public in the last 5 years.
Nazareth Care Charitable Trust which operates a care home in Bonnyrigg, Scotland, recently received a fine after a resident at one of its care homes suffered a fatal injury after falling down a flight of stairs.
Draft legislation has already been produced to replicate the 2017 IR35 changes within the public sector and extend these to medium and large private sector organisations, with the final legislation previously expected this month.
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