case studies
Our clients include a wide range of well-known national and
multi-national businesses, particularly in the sectors of leisure,
retail and hospitality, health and care, manufacturing,
construction and transport.
Examples of our recent cases include:
For more information, please contact John
Mitchell, head of Blake Lapthorn's Business Regulatory team on
023 8085 7231; email john.mitchell@bllaw.co.uk
consumer protection
A retailer client was investigated for the sale of products
containing illegal quantities of nickel contrary to the Dangerous
Substances (Nickel) (Safety) Regulations 2000. We advised in
connection with the investigation and in particular in relation to
the 'due diligence' aspects. The investigation resulted in no
enforcement action being taken.
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control of Asbestos at Work Regulations
We provided advice to a multiple outlet car retailer on the most
cost effective method of complying with the new 'duty to manage'
aspects of these Regulations.
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noise nuisance
A rail operator was threatened with enforcement action in
relation to an alleged nuisance arising from early morning train
information announcements over a station loudspeaker system. We
advised on the legal applicability of the method of enforcement
chosen by the regulating authority and on the wider implications
for other parts of the rail network.
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operator licensing
A client in the fuel distribution business had recently
undertaken, without legal advice, a group restructuring, but had
encountered difficulties with the Department of Transport when
attempting to renew its operators licences. The client faced the
possibility of its entire transport fleet being taken of the
road.
We advised on the temporary re-organisation of the business's
transport division to enable the operation to continue on a
temporary basis and then advised on the least disruptive method of
applying for variation of the licensing arrangements.
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price marking
A multiple outlet retail client was investigated for allegedly
misleading prices on packets of goods. The enforcing authority was
threatening to widen the investigation to other outlets within the
organisation.
We advised on 'without prejudice' corrective action and were
able, as the investigation continued, to make representations based
on a legal interpretation of the Price Marking Order which resulted
in no enforcement action being taken.
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public health and safety
A leisure client owned a number of leisure clubs, in some of
which, for no apparent reason, the glass shower cubicles were
spontaneously disintegrating. We advised the client on the
implications of the 'reasonable practicability' test in health and
safety legislation in order to help the Board of Directors to
formulate a policy for the identification of cubicles most at risk
across the entire estate, so as to enable the most cost effective
programme of cubicle replacement to be undertaken.
A museum was faced with potential closure following the
discovery of legionella bacteria in a water system. We advised on
the appropriate procedures in relation to staff and the public in
order to avoid closure and to prevent press intrusion.
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unsafe goods
A client had sold a pair of child's trainer shoes, which were
fastened with a zip which caused a choking hazard. We represented
the company secretary during the interview under caution and
subsequently represented the company when it was charged with
offences under the General Safety Product Regulations and pleaded
not guilty. We mounted a successful defence, based on legal and
procedural considerations.
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