Mr. Ahmed - Kadir intends to raise arguments of fact and law concerning potential
breaches under ss.
Not exact matches
Raj Arumugam represented the Secretary of State for Business, Energy & Industry Strategy and the Official Receiver on a successful strike out application of a claim for negligence and
breach of duties
under ss.287 (3), 289 and 315, Insolvency Act 1986 (Frosdick v. Secretary of State for BEIS & the Official Receiver [2016] EWHC 3008 (Ch)-RRB-.
On February 21, 2017, an application was filed before Justice Glen Poelman, a case management judge
under s. 551.1 of the Code, asserting that the general warrant was invalid because it authorized a search and seizure that was overly broad and in
breach of
ss.
He brings a habeas corpus application and seeks damages
under s. 24 (1) as a remedy for alleged
breaches of his
ss.
Consequently, it is the authors» view that enforcement of workplace health and safety
breaches is now probably more straightforward
under ss 2 and 3 of HSWA 1974.
In R v Chargot Ltd [2008] UKHL 73, [2008] All ER (D) 106 (Dec) the House of Lords adjudicated on the burden that the prosecution bears in order to establish a
breach of duty
under ss 2 and 3 of the Health and Safety at Work (etc) Act 1974 (HSWA 1974).
Under CMCHA 2007,
ss 9 and 10 convicted organisations can be given a remedial order, whereby they must remedy the
breaches of which the organisation has been convicted within a period of time.