03/03/2017
Breaking News
The Health and Safety Executive (HSE) has settled a judicial review of its dispute process under its Fee for Intervention Scheme (FFI) out of court before the planned High Court hearing on 8 March 2017.
The successful claim was brought by Michael Appleby (Partner at FSW) representing OCS Group UK Limited. Keith Morton QC of Temple Garden Chambers was instructed on behalf of the Company.
Fee For Intervention
FFI was introduced in 2012 with the aim of passing the cost of health and safety regulation from the taxpayer to businesses that in the opinion of an inspector are in breach of safety legislation.
Independence, Fairness, Transparency
OCS’s decision to ask for a judicial review of the FFI dispute resolution process was not about opposing the idea of FFI but about addressing concerns the Company has about the independence, fairness and transparency of the dispute process in which HSE effectively acted as prosecution, judge and jury.
Consent Order
In the consent order approved by the High Court on 23 February 2017, HSE has agreed to introduce a revised process for determining disputes on or before 1 September 2017 which addresses these concerns. The schedule to the consent order sets out the detail of the revised process which HSE will now consult stakeholders upon.
As part of the settlement HSE has also agreed to withdraw the original FFI notification of contravention that led to the judicial review and to pay OCS’s costs.
To contact Michael Appleby directly email appleby@fsw-law.com or by phone 0207 993 8264
Fisher Scoggins Waters are a London based law firm who are specialise in in construction, engineering and manufacturing disputes. If you would like more information please phone us on 0207 993 6960.