Home / Cases / R (OCS Group UK Limited) v Health & Safety Executive

R (OCS Group UK Limited) v Health & Safety Executive


2017 Administrative Court

Successful Judicial Review proceedings challenging the HSE’s dispute process for challenging findings of contravention and fees issued under the Fee for Intervention (FFI) scheme and two specific notices.

The HSE settled the judicial review out of court shortly before the hearing. 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 HSE inspector, are in “material breach” of safety legislation. The challenge was not to the principle of FFI but rather to the process for challenging notices of contravention and fees issued under the scheme. The challenge was on the basis that the exiting scheme lacked independence, fairness and transparency. The strength of the case was recognised by Kerr J who, when granting permission for judicial review, observed: “It is arguable that the HSE is, unlawfully, judge in its own cause when operating the FFI scheme; and that the scheme is either unlawful or being operated in an unlawful manner”. The claim was settled by consent. The HSE agreed to introduce a revised process for determining disputes on or before 1 September 2017 which addresses these concerns, to withdraw the two specific notices and to pay OCS’s costs.

Related Barristers

Health & Safety
Personal Injury
Environmental Law

Keith Morton KC

Call 1990 | Silk 2011

Read more

Related Practice Areas

Public Law



Portfolio Builder

Select the practice areas that you would like to download or add to the portfolio

Download    Add to portfolio   
Title Type CV Email

Remove All


Click here to share this shortlist.
(It will expire after 30 days.)