Richard Reichman

Greenwashing claims face CMA enforcement action in the new year

Against the background of the UK’s aim to achieve net carbon neutrality by 2050 and an increasing awareness of climate change and other ESG issues impacting consumer choices BCL partner, Richard Reichman explores why regulators are beginning to take greenwashing seriously and what it could mean for businesses that make such unsubstantiated claims.

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The Litigation Privilege Predicament – The State of Qatar v Banque Havilland SA

Managing an organisation’s response to a regulatory crisis is a complex process. An important factor to be considered is whether a party can rely on litigation privilege in relation to any investigative materials which are produced. If so, potentially sensitive materials are protected from disclosure to a regulator or other third party.

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You receive a Health and Safety Improvement or Prohibition Notice: when, why, and what to do next

What powers does an inspector have to serve an improvement notice or prohibition notice?

Sections 18 to 26 of the Health and Safety at Work etc. Act set out the enforcement powers available to a Health and Safety Executive (‘HSE’) or local authority inspector (‘Inspector’).  Sections 21 and 22 give an Inspector the authority to serve an improvement or prohibition notice (‘Notice’).

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Covid Inquiry: what is it and will prosecutions follow?

Why is a Covid inquiry taking place?

Since March 2020, there have been calls for an inquiry into the government response to the Covid pandemic.  An inquiry could provide a forum for understanding what happened and why.  This is, in part, to give closure to those affected (which unusually is almost all of us to some degree) while also providing recommendations to help prepare the UK for the next pandemic, an inevitability according to many experts in the scientific community.

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Tesco receives highest ever food safety fine of £7.56 million for out of date food offences – a regulatory compliance warning for all businesses

On 19 April 2021, Tesco Stores Limited was fined £7.56 million at Birmingham Magistrates’ Court after pleading guilty to twenty-two out of date food offences which occurred at three of its stores in 2016 and 2017.  The level of fine is unparalleled in food safety prosecutions and one of the highest safety regulatory fines in recent memory.

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Unlawful killing following Maughan – new guidance issued by the Chief Coroner

Overview

In the case of R (on the application of Maughan) (Appellant) v Her Majesty’s Senior Coroner for Oxfordshire (Respondent) [2020] UKSC 46, the Supreme Court found, by a majority of three to two, that all conclusions in coronial inquests, including unlawful killing and suicide, whether short form or narrative, are to be determined on the civil standard of proof i.e. ‘on the balance of probabilities’.

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