10th October 2016
Keith Morton QC, instructed by Mike Appleby of Fisher Scoggins Waters, is acting for a facilities outsourcing company OCS Group UK, who are seeking to quash the HSE’s current system for deciding FFI appeals and to challenge the rejection of its appeals against specific Notices of Contravention.
Permission has been granted by Mr Justice Kerr to judicially review the HSE’s FFI appeals scheme. When granting permission Mr Justice Kerr observed that “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 judicial review hearing is yet to be fixed but is expected to take place in the early part of 2017. The Health and Safety at Work Magazines has published an article on the challenge which can be found at the link below.