High Court rules on approach to stays in enforcement notice cases

Gordon Menzies appeared for the HSE in Shiva Ltd v Boyd in which, for the first time, the High Court has considered the approach to be taken by an Employment Tribunal when dealing with an appellant’s application to stay an appeal against an enforcement notice pending a criminal prosecution. In dismissing the Appellant’s appeal the High Court upheld the approach taken by the Employment Tribunal in refusing an application for a stay. In doing so it offered some useful guidance to be considered when deciding this question.

The full judgment can be found here