Tim Green successful in complex HSE case against multiple contractors
On 16 December 2016 HHJ Pini QC sitting at Lincoln Crown Court issued fines and costs in excess of £2.5m. These were in respect of health and safety offences admitted by a the Principal Contractor and two sub-contractors working on deep excavations in Holbeach, Lincolnshire.
The case was unusual because of the complex contractual relationship between the defendants and the impact this had on their respective obligations to make the excavations safe.
The Principal Contractor (“K Co”) pleaded guilty, as did a small sub-contractor (“L Co.”). The large sub-contractor was convicted after a three week trial.
The trial included expert evidence for both sides and detailed submissions on the law relating to the duties lying on specialist sub-contractors, admissibility of the guilty pleas of co-defendants and inferences from silence against a corporate defendant.
At the sentencing hearing, the Judge found each defendant had a high degree of culpability and there was a medium risk of serious harm or death occurring from the breaches of duty. The prosecution recovered its costs. Tim Green was briefed by the HSE.
Tim has been consistently recommended by the legal directories for his practice in health and safety law, environmental work and financial investigations.
Barristers: Tim Green