Safety Health and Environment

Farm accidents: corporate manslaughter

Farming can be a dangerous business. According to the Health and Safety Executive (HSE), in the last five years an average of 35 people a year have been killed in agricultural accidents, a rate second only to the construction industry. With that in mind, it is essential that those responsible for safe working practices on farms have a working knowledge of relevant health and safety legislation and the implications of failing to maintain safety standards.

Freezing injunctions

If you think a fraud has been committed and want to make sure the fraudster does not remove the stolen monies from your reach, or if you are making a court claim and are concerned assets will be removed to prevent you getting them when you win your case, a freezing injunction might be the answer. A freezing injunction is an order that prevents someone from disposing of or dealing with assets. The purpose of the injunction is to preserve those assets until a final judgment can be obtained to be enforced against those assets.

Freezing injunctions and contempt: Templeton v Motorcare

A shareholder and director of a company have each been sent to prison for contempt of court after a freezing injunction over the company's assets was breached: 9 months for the director and 2 months for the shareholder. They set up a phoenix company to evade enforcement of a judgment but this case shows how the courts view schemes like that. These types of injunction are powerful and, as these individuals found out, not to be messed with.

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