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Health & Safety

36 Crime offers a specialist team of Silks and Juniors who have a wealth of expertise in defending and prosecuting fatal and non-fatal Health, Safety and Environmental offences.

Members regularly represent individuals, directors and companies in health and safety and environmental cases, providing advice from pre-interview stage through to representation at court.

Some members also prosecute for the CPS, HSE and other enforcement agencies.

We provide expert advise and representation at all levels and  have particular expertise in the transport, agriculture, construction, healthcare, food and drink, maritime safety and pharmaceutical sectors

  • Breach of the Health and Safety at Work Act 1974 and associated health and safety regulations
  • Corporate manslaughter and gross negligence manslaughter; criminal liability of company, directors and individuals
  • Work-related deaths and serious injuries within the agriculture, transport and maritime sectors
  • cases relating to hospitals, care homes, residential homes, sheltered housing, schools and nurseries where the vulnerable nature of those being looked after often poses particular safety management problems.
  • Improvement notices
  • Inquests
  • Oppressive sales methods, misleading prices and CPUT breaches
  • Responding to investigations by such bodies as the Health and Safety Executive, Department of the Environment and Local Authority, and the Office of Rail Regulation;
  • food production issues involving both machinery and foodstuffs
  • health and safety regimes specific to the construction industry including pile testing, electrocutions, falling from height
  • fire injury following landlord’s breach of regulations
  • Maritime and other water safety matters

Our environmental expertise includes

  • enforcement and interpretation of environmental permits
  • Breach of environmental regulation
  • water pollution
  • waste including hazardous waste
  • legality of remediation processes and creation of products.

Recent cases include:

  • an engineer managing prototype recycling waste cleaning equipment that exploded killing a worker and seriously injuring another
  • a builder who had no safety systems in place to protect a contractor coming onto  the site who fell through an unguarded hole and died from his injuries
  • a builder who had no adequate health and safety systems in place when making substantial alterations to the Luton Mosque, and those failures culminated in an accident in which a casual worker  was fatally injured when he fell from a ladder 
  • a site manager who made minor modifications to a scaffold structure which was not compliant with regulations, on a site investigated after  a fatal incident
  • a man for manslaughter and regulatory offences for offering a dangerous drug therapy to drug addicts as a quick fix medical alternative to long term addiction therapy
  • a transport Manager and haulage company owner charged with manslaughter and other offences, arising from the a  number of serious breaches of the drivers’ hours regulations, including extensive tachograph evidence  
  • Advising a major rail industry company on the action to take after a fatality, and co-operation with the HSE
  • Addressing a Kent Integrated  Care Alliance conference attended by Care Home Owners and Managers  on the impact of  regulations and risk of prison sentences for breaches of regulations and failures in Health and Safety

Notable Cases

R (EA) v Churngold and others 

Representing director in case described by the EA as the largest ever hazardous waste prosecution. Amounts involved over £10m, complex expert evidence relating to remediation of hazardous waste and creation of product, consideration of heavy metal treatment processes.

R –v- Patel

Crown Court at Leicester  Health and Safety/ Gross negligence manslaughter. Defence of man working on building site, charged with offences relating to death of window fitter falling from height.

R (HSE) v Western Power Distribution

Health and safety case involving a fatality to an employee working on overhead power line. 

R –v- Kevin Goss

Crown Court at Sheffield Health and Safety / Corporate Manslaughter. Defence of a Maintenance Manager employed by Sterecycle (Rotherham) Ltd., a company operating a waste recycling plant. Company charged with Corporate Manslaughter following the death of an autoclave operator, and serious injury to another, when a door locking ring failed releasing steam and debris under pressure.

R (CQC) v AH

Representing care home company in prosecution for regulatory breaches linked to death of service user who fell from window

R –v- Tute

Crown Court at Lincoln (2013) Manslaughter/ Health & Safety: Defence of building site manager charged with responsibility for the death of subcontractor falling from scaffolding after contractor had moved piece of scaffolding.

R (HSE) v BW 

Representing HSE in prosecution of company and individuals for failings causing death of a commercial diver;

Related Areas of Practice

CRIME

CRIMINAL REGULATORY

COMMERCIAL REGULATORY