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Yesterday saw the introduction of the Health and Safety Executive (HSE) Fee for Intervention scheme. As of yesterday firms who are found to be in material breach of health and safety laws could be faced with a bill from the HSE for the costs incurred in inspection, investigation and enforcement action.
The rationale behind the regime aims to see those liable for the costs incurred by the HSE paying for those costs rather than the taxpayer.
Where an organisation is considered to have fallen short it could now find itself paying out even in the absence of a prosecution. Organisations should satisfy themselves that their health and safety systems and procedures are fit for purpose with a view to avoiding such costs.
The Supreme Court has today delivered its judgment on the case of R (on the application of Maughan) v HM Senior Coroner for Oxfordshire. This decision has serious implications for NHS organisations, which are considered in more detail below.
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Two recent judgments demonstrate the risk that directors (of insolvent companies) face of being personally liable if appropriate records and procedures are not followed and if it cannot be shown that certain payments were in the interests of the company.
The GMC updated guidance on 'Decision making and consent' comes into effect today, on 9 November 2020, replacing the previous guidance.
The decision in TC (Urgent Medical Treatment) [2020] concerned a 69-year-old woman with advanced cancer of the larynx. An urgent application was brought on behalf of the trust to authorise a 6-8-week course of chemo-radiotherapy requiring restraint.
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