HSE to appeal case for 'clarification' on risk

The HSE has applied to the Court of Appeal for leave to appeal to the Lords in the case of Regina (Health and Safety Executive) -v- James Godfrey Joseph Porter. The case was reported on by us last month - go here to view our article.

The Executive stressed that the aim of the appeal was to "obtain clarification on the law on the issue of risk."

It said the appeal would not reinstate Mr Porter's conviction for a breach of Section 3 of the Health and Safety at Work etc Act 1974 following an incident involving three year old Kian Williams, which was quashed by the Court of Appeal on 19 May 2008.

The HSE added that as proceedings were now active it could not comment further until its conclusion.