Kennedy, R (on the application of) v The Health & Safety Executive & Anor

Kennedy, R (on the application of) v The Health & Safety Executive & Anor

The HSE's policy requiring 'no reasonably practicable alternative ways of complying with the statutory provision concerned' is directed to the applicant's circumstances, not to alternatives available elsewhere. The HSE lawfully applied its policy and was not required to consider whether the work could be done in France or elsewhere. The claimant's argument for a broader construction of the policy lacked merit.

Parties
Claimant/appellant: Jean Kennedy; Respondent/defendant: Health and Safety Executive; Interested Party/second Respondent: Able UK Ltd
Jurisdiction
England and Wales
Judgment Date
28 January 2009
Procedural Posture
Judicial Review / Appeal From Refusal of Permission for Judicial Review
Outcome
Judicial review refused
Legal Topics
Judicial Review of Regulatory Exemption, Interpretation of Regulatory Policy, Importation of Hazardous Substances, Statutory Construction, Public Interest in Environmental Regulation
Administrative Law Health and Safety Law Environmental Law Judicial Review of Regulatory Exemption Interpretation of Regulatory Policy Importation of Hazardous Substances Statutory Construction Public Interest in Environmental Regulation

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Parties

Jean Kennedy

Claimant/appellant

Health and Safety Executive

Respondent/defendant

Able UK Ltd

Interested Party/second Respondent

Procedural Posture

Judicial Review / Appeal From Refusal of Permission for Judicial Review

Legal Issues

  1. 1 Whether the Health and Safety Executive (HSE) properly applied its policy on granting exemptions under the Health and Safety Control of Asbestos Regulations 2006
  2. 2 Whether the HSE was required to consider reasonably practicable alternatives globally or only for the applicant
  3. 3 Whether the exemption should have been limited to asbestos that could not be removed prior to importation

Ratio Decidendi

The HSE's policy requiring 'no reasonably practicable alternative ways of complying with the statutory provision concerned' is directed to the applicant's circumstances, not to alternatives available elsewhere. The HSE lawfully applied its policy and was not required to consider whether the work could be done in France or elsewhere. The claimant's argument for a broader construction of the policy lacked merit.

Court Disposition

Judicial review refused

Orders

  • Application for judicial review dismissed
  • No relief granted to the claimant