Lupton Fawcett LLP - Openbrief » Corporate Defence & Prosecution

Misleading Advertising - a recent ASA decision

Fiona Kingscott — Mon, 23 Aug 2010 11:31:37 +0000

The ASA Council (Non-broadcast) has recently held a retailer in breach of the CAP Code for having insufficient stock to meet anticipated demand. It found that internet retailer, Simply Be, has breached the CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 16.4 (Availability of products), 27.4 (Sales promotion rules) and 30.1 (Availability), by an email it [...]

Corporate Manslaughter and Corporate Homicide Act 2007 (”The Act”)

Andrew Davidson — Tue, 08 Apr 2008 12:49:31 +0000

The Act came into force on 6 April 2008. Scope of the Act An offence is committed under the Act if the way in which an organisation manages or organises its activities:- (a) causes a person’s death and (b) amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased. Gross Breach The statutory definition of [...]

Health & Safety Risk Assessment of employees driving company motor vehicles

Tanya Forret — Mon, 08 Oct 2007 09:59:23 +0000

An employer has a duty to carry out a risk assessment in relation to employees who drive as part of their company duties. In order to protect the company and the health and safety of employees it is a legal duty of employers to carry out a thorough risk assessment of [...]

Car seats – are your kids sitting legally?

Tanya Forret — Mon, 08 Oct 2007 09:56:49 +0000

Do you know the law regarding children and car seats? It is actually quite simple but please take note - in many situations it is the driver’s responsibility to ensure that the child is correctly restrained – if they are not, the driver will be legally liable. Also, the law and the type of child [...]