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HSE v Switchgear Engineering Services Limited (Court of Appeal - Criminal Division)

John Cooper represented SES in the case in which the Court of Appeal considered the principles to be applied in sentencing Co-Defendants of differing financial means in Health and Safety cases. In reducing SES's financial penalties to £20,000 from £70,000 the Court emphasized the need to look at the individual circumstances of a company's breach of duty and its own financial means and not to be drawn into an apportionment exercise more equivalent to that adopted in civil law cases. The case involved the fatality of an employee.


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