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Health & Safety - Industrial Accident
The Problem:
The occupier and main contractor in a property development were prosecuted under various sections of the Health & Safety Act 1974 and related regulations following the contractor falling through a fragile roof.
The Solution:
In acting for the occupier, the Biggart Baillie team continually argued at various stages that the charges in the Summary Complaint were irrelevant . The Crown amended on two occasions to try and make the charges relevant. The matter was set down for Trial. The Sheriff after hearing submissions indicated that he considered merit in the Defence arguments. The Crown tried to amend again.
The Outcome:
The Sheriff after hearing further submissions refused the Crown permission to amend further . The Crown dropped the charges against the occupier client.