However, a successful judicial review (15 June 2010) says that those acquitted of health and safety offences will not have their legal fees capped. Cases completed after the judgement (15 June 2010) should be provided with reasonable compensation for expenses incurred.

The Law Society advised solicitors that if their clients were caught during this period of change, they should apply for redetermination.

This may lead to the HSE being less aggressive in  more risky cases to avoid higher costs if the case is unsuccessful.