Breaking Badly Pharmaceuticals Ltd has been inspected by the Health and Safety Authority after an explosion occurred in their laboratory due to a mistake made by a production supervisor. They have been charged with a serious breach of the Chemicals Act 2008. The Managing Director is shortly to attend court and seeks your advice. (The Act may be downloaded from the Irish Statute book website) a) Explain to him the following: i. The likely process the company shall face; ii. What court or courts it will be held in; iii. Who shall likely be present and: iv. What their roles will be. (40% of marks) b) Who has the burden of proof and what is the standard of proof which will be the required in the court proceedings? (20% of marks) c) Looking to the 2008 Act, what penalties could the company face? (20% of marks) d) If the company is found guilty of the offence, could criminal action also be taken against the Managing Director personally? (20% of marks) 2. Having been found guilty of a serious breach of the Chemicals Act 2008 (Section 29), in the criminal court, both the supervisor responsible for the explosion and Breaking Badly Pharmaceuticals Ltd itself are being sued by a worker for the very serious injury caused to them during an explosion. The action is shortly to go to court and both seek your advice. a) In which court is the action likely to occur and what court process shall they face? (30% of marks) b) Who has the burden of proof and what is the standard of proof will be the required in these court proceedings ` (20% of marks) c) Despite the fact that the company was unaware of the in action of the supervisor, they may still be liable for damages. Why is this? (25% of mark)
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