a blog by a Lawyer, Innovator, Fashionista, Petrol Head and Sports Lover.

Covid-19 & Prosecution of employers

Coronavirus has dominated the headlines and amongst all this some commentators have speculated that employers may be about to face prosecution if they don’t take all Covid-19 precautions possible to protect staff and third parties from infection. Now it is correct to say that employers in the UK owe duties under the Health and Safety at Work…

Tragic and wholly avoidable – worker crushed on site

This tragic story really horrified us – our hearts immediately went out to the man’s family. Our second reaction was frustration. This should never have happened. Not only was it entirely avoidable  – clearly a proper risk assessment wasn’t in place – but it had happened before. Someone, somewhere, knew the risk and did nothing about…

Love thy lawyer

Everyone loves a quickie – so here’s one… We all know that lawyers are not very well liked. I’ve no idea why, I’m delightful. Let’s get the lawyer jokes out the way – How many lawyers does it take to change a lightbulb? You won’t find a lawyer who can change a light bulb. Now,…

Directors’ Responsibilities: The Directors’ Directory Part 1

Directors’ responsibilities apply to any company director. Over the next three posts we will break down the role of the company director – starting with the responsibilities. Directors’ responsibilities: Statutory Duties Directors need to be aware that they are personally subject to statutory duties in their capacity as directors of a company. In addition, the company –…

Appointing a director – The Directors’ Directory Part 2

Appointing a director is a fairly straightforward process. My last post concerned directors’ responsibilities. I will now focus on the appointment process. Appointing a director happens at any time after incorporation. Likewise, a director can resign or be removed by the shareholders at any time, providing such actions do not contravene any provisions in the Companies Act…

Property developer and foreman jailed for manslaughter

A property developer and a foreman have been jailed for manslaughter following the death of a carpenter on a site in Brighton. Michael Holland, 69 and foreman Grant Oakes, 46, had each denied charges of gross negligence manslaughter in connection with the death. 55-year-old carpenter David Clark died on October 28, 2014, following an accident.…

Breaking down the law: Corporate Manslaughter/ Homicide Part 1

The Corporate Manslaughter and Corporate Homicide Act applies to organisations which cause a person’s death or exhibit a gross breach of a relevant duty of care owed to the deceased. In this three part series, we will break down the law and how it applies to you, highlighting key issues and explaining the consequences. As…

Protect your lone workers

Working alone is a known health and safety red flag area, as one company found to its cost recently. An Exeter-based water treatment firm was fined £1.8 million after a lone worker drowned at one of its plants just after Christmas. The tragedy could have been prevented and it’s likely the sizeable fine reflected the…

The Brexit impact part 2: Energy

What are the legal issues for the energy sector following Brexit? Potential need to follow energy policy without being able to influence its drafting. Firstly, UK energy policy is generally ahead of the curve when compared to the rest of the EU. However with Brexit, UK and EU Energy Union priorities may differ. Given the…

Farewell to the Jungle

As harrowing as the images on the news may be, I suspect many haulage and delivery companies have welcomed the news of the dismantling of “The Jungle”. The French authorities have been clearing the refugee camp in Calais and busing thousands of migrants to centres across France. It had been a major problem for lorry and…

Toxic gas release… not a case of who ate all the sprouts…

A food waste disposal and recycling firm has been fined £250,000 following three employees becoming overcome by toxic gases (including hydrogen sulphide) and a reduced oxygen atmosphere whilst working in an animal waste facility. This prosecution comes 12 months after the firm was fined £660,000 following the death of an employee. The previous conviction resulted after a fatality…

#getbrexitsavvy

Since 23 June 2016 when the British people voted to leave the European Union the conversations and topics have surrounded the momentous change to Britain’s political and economic landscape. The legal questions on the Brexit situation have been largely side-lined. Extricating the UK from the EU legal system is one of the biggest legal issues…

#Duty Calls…….

A Director,  the leader of the pack, the boss, king (or queen) of the business…….everything you have dreamed off……but the reality is do you really know your duties and the penalties that occur if you fail to exercise your responsibilites? #PERSONALLY LIABLE You could be held personally liable for losses resulting from illegal acts, acting…

A meeting about a meeting?

With the announcement that The Apprentice is soon to return to our screens, it got us thinking at Ferguson Legal about meetings, and ‘the boardroom’. How often should company’s hold board meetings? Is there a set rule? Does Lord Sugar conduct his meetings in the usual manner? Do companies have meetings for the sake of…

Three years to reach minimum standards + gambling with peoples’ lives = £1.8 million

This is a mathematical equation that adds up to one serious fine, but is believed is the only way to make companies sit up and pay attention that you cannot gamble with peoples’ health and wellbeing. The latest in the firing line is G4S receiving one extremely hefty fine after failing to reduce the risk…

A Stark Warning

I know we constantly bang on about health & safety at work but it is so essential for Company Directors to take personal responsibility to train and protect the safety of their workers…..as the consequences are devastating. Company Director Kenneth Thelwall, from Enfield, has been jailed for 12 months following the death of one of…

The Million Pound Drop

Unfortunately this article is not about the Channel 4 BAFTA-winning game show hosted by Davina McCall, this is about the incident of Thames Water who earlier in the year were ordered to pay out a whopping, record breaking £1 million after polluting a canal in Hertfordshire. This is the highest ever fine for a water…

Time to Clean Up Your Act?

I will do it tomorrow, It is only a little mess, they won’t do anything Sound familiar? These little messes can turn into one big nasty one as Oran Environmental Solutions found out. They got issued the highest penalty ever in Scotland for environmental offences for waste offences. The penalty was imposed on Oran Environmental…

Corporate manslaughter conviction.

Waste management company, Sterecycle (Rotherham) Limited, was found guilty of corporate manslaughter and fined £500,000 following the death of an employee. This incident occurred at the company’s plant in South Yorkshire in January 2011. In October 2012, Sterecycle ceased operations after having been placed into administration. It is uncertain how much of the £500,000 fine will be…

Pharmaceutical company fined £100,000 after man sprayed by toxic chemical.

A North East pharmaceutical company were fined on 20 September 2014 for a serious safety breach which left a worker fighting for his life in hospital. The employee, from Tyne and Wear, was sprayed with seven litres of bromine as he removed cables from a valve connected to pipework at Aesica Pharmaceuticals on the Windmill Industrial Estate,…

Scotland’s stand against human trafficking.

Following on from our last blog on the subject, we bring you a specific update regarding human trafficking in Scotland.  The Scottish Parliament recently approved the Human Trafficking and Exploitation (Scotland) Bill. Under the bill the Scottish government is under a duty to develop and maintain a “Scottish Trafficking and Exploitation Strategy” in conjunction with other interested…

Directors behaving badly…

Unlike one of my favourite programmes in the 90s, Men Behaving Badly, directors behaving badly is no laughing matter.  I loved the mischief that Gary and Tony got up to and the stereotypical male behaviour of the two of them.  However when a director gets up to mischief, it can have severe consequences on the…

Right to Light?

The Law Commission published its recommendations and draft Right to Light (Injunctions) Bill on 4 December 2014. The intention is to demystify the confusing mix of old statute and case law and to reduce the scope and length of disputes. Key recommendations include: a new notice procedure by which a developer could require neighbouring landowners to inform them, within a…

Who will be Principal Designer?

The Construction (Design and Management) Regulations 2015 (CDM 2015) make the role of CDM co-ordinator obsolete and introduce the principal designer (PD). The associated, draft guidance (L153) offers no scenarios describing who might be PD under different procurement models nor the skills, knowledge, experience and organisational capability that they require. We therefore don’t know who…

Girl power!

No, not the Spice Girls rather the fact that the number of female solicitors in Scotland overtakes male for first time! http://www.lawscot.org.uk/news/2015/12/scottish-solicitors-now-majority-female/     (oh, here you go then)

Time for an Inspection?

Knowing that you have a health and safety inspection of any kind is enough to work most people into a bit of a panic! There’s just something about the thought of a perceptive man or woman wondering around your workplace, armed with a clipboard and a sharp eye… But if you’re about to get hit…

“I’d like to thank….”

It’s a double whammy for Ferguson Legal! We’ve just been announced as AI’s Most Innovative Law Firm in Scotland 2016 along with winning Women in Law’s, Health & Safety Lawyer of the Year. We’re honoured to receive these accolades and hopefully they’re a recognition that we’re trying to be the fresh and innovative firm we set out…

Outsource it!

Ever wanted the benefits of an inhouse lawyer without the commitment? Designed for companies who need inhouse counsel without the requirement of a full time commitment or to supplement under-resourced legal departments. Our tailored and flexible service offers a lawyer on demand who will become intimate with your business and its appetite for risk while managing…

a bit about us.

Get Law Savvy is the blog partner of Ferguson Legal where the team has a chance to show the fun side of the law… Well, when your MD jumps out of a plane to celebrate turning 40, it’s kind of endemic in the office. Our favourite day is Friday so we can get away with…