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03/06/2025
Michael Appleby acted for a Special Purpose Vehicle (SPV) company that owns a residential block of flats. The company was prosecuted for allegedly breaching section 4(2) of the Health and Safety at Work etc Act 1974. As an SPV the company does not have any employees.
Section 4 of the 1974 Act is a complex area of law. It creates a duty to ensure that premises which are made available for use by non-employees are, so far as is reasonably practicable, safe and without risks to health. The duty is owed by all those who have a degree of control over the premises. Unlike sections 2(1) and 3(1) of the 1974 Act, section 4(2) does not require the duty holder to be an employer.
The prosecution followed an incident at the block of flats in 2019. A visitor suffered significant injury when using the building’s lift which was found to be faulty.
On Thursday 29 May 2025 at Southwark Crown Court the company was acquitted when HSE offered no evidence.
Mr Tanveer Qureshi of Libertas Chambers was instructed to represent the defendant company.
FSW Law are a London based law firm who specialise in Health, Safety and Environmental Law. If you have recently had a health and safety incident occur in your workplace and require legal advice, please phone us on 0207 993 6960.
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27 November 2019 | Bloomsbury, 50 Bedford Square, London, WC1B 3DP
Recruitment
