Faltec Europe Ltd v Health and Safety Executive

Sentence – Fine. The correct categorisation for the likelihood of level A harm arising from outbreaks of legionella in and amongst the defendant company's employees and local population around its place of business in a densely populated urban area was 'medium', and the judge's categorisation of 'high' could not be sustained in the light of the statistical evidence. Accordingly, the fine for those counts would be reduced from £800,000 to £380,000, which together with a fine of £800,000 relating to the explosion in a flocking machine, did not offend against the principle of totality.

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