Health & safety

Both defending and prosecuting in relation to fatalities and non-fatal incidents in the workplace. Chambers also has experience of dealing with issues arising from failures of medical devices and the use of hazardous materials.

  • Wandsworth LBC v Caffe Nero Group Ltd (Wimbledon Magistrates’ court, March 2016): successful due diligence defence; food safety offences; wire in panini ingested by consumer; unauthorised use by employee, in breach of training and systems;
  • R (Kingston upon Hull City Council) v Secretary of State for Business, Innovation and Skills (High Court, 2016): judicial review of endorsement by BIS’ Better Regulation Delivery Office (‘BRDO’) of advice given under the Primary Authority Scheme to Greggs plc, concerning provision of sanitary facilities;
  • North Yorkshire Fire and Rescue Service v Tokyo Industries (York) Limited and Aaron Mellor; Lincolnshire Fire and Rescue Service v Aaron Mellor  (York Crown Court, 2015): successful prosecution concerning serious breaches of fire safety legislation at night clubs in York and Lincoln. The corporate defendant was fined £30,000 for guilty pleas in the  York matter and the individual defendant was fined £76,000 plus £67,000 costs after a three day trial in Lincoln and a guilty plea in the York matter;
  • Barnsley MBC v Asda Stores Ltd [2013]: slip in a freezer causing injury to employee; whether magistrates’ court should be allowed to retain jurisdiction;
  • Lincolnshire CC v Rahman [2013]: fire safety prosecution against managers of house in multiple occupation;
  • R v Gittins et al [2010]: prosecution of fall from a height death;
  • Re Nguyen [2008]: double fatality in a swimming pool on work premises;
  • Health and Safety Executive v Lincolnshire CC [2008]: defence of council; man injured while doing hot works on school premises;
  • Westminster LBC v Royal Horticultural Society [2007]: injury to worker from goods lift