Whose burden of proof? R v Chargot Limited (t/a Contracts Services)[2008] UKHL 73 (HL)

Barrett, Brenda (2009) Whose burden of proof? R v Chargot Limited (t/a Contracts Services)[2008] UKHL 73 (HL). Industrial Law Journal, 38 (2) . pp. 215-221. ISSN 0305-9332 [Article]

Abstract

R v Chargot Limited (t/a Contracts Services) came before the House of Lords after the Court of Appeal granted leave of appeal certifying points of law concerning the burden of proof on the prosecution in order to secure a conviction of an employer for breach of the general duties in ss 2(1) and 3(1) of the Health and Safety at Work etc Act 1974. Their Lordships also had to consider whether a senior manager had been fairly convicted under s 37(1) of the Act.

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