ABSTRACT
‘The law’ concerning health and safety matters is a mixture of criminal law set out in statutes, and known as statute law, and common law, which provides a means of compensation for injuries or damage suffered because of failure of another party to comply with statute law or to carry out any of the duties established by common law over the years. Breaches of statute law are criminal offences for which financial penalties, and even prison sentences in special and relatively uncommon situations, can be imposed. Individual cases are always judged on their particular facts. ‘The law’ stands as interpreted by the courts and announced in court decisions. Decisions of higher courts are binding on those below – these are called precedents. Lower court decisions may be helpful in reaching decisions; these are called persuasive. Decisions of the House of Lords bind all lower courts, and can only be overridden by the House itself changing its mind, or by an Act of Parliament.
