Outer Temple Chambers is particularly recommended for its regulatory expertise

Health & Safety

Overview

All areas of business life are affected by health and safety issues and Outer Temple Chambers’ barristers deal with cases from the most straightforward to the most complex and high profile. 

We act for companies and individuals in corporate manslaughter and health and safety matters when companies face criminal charges as well as civil proceedings. These cases range from those involving heavy industry and construction as well as retail and commercial premises, medical professionals and NHS Trusts. The oil, gas and power industries, are specialities and members of Chambers are used to acting for large corporates such as RWE Npower PLC and British Pipeline Agency in the recent Buncefield oil refinery case.

Our members of Chambers are regularly consulted at the very outset of an HSE or local authority investigation. Assistance and advice relating to PACE interviews is regularly given. Whilst the team’s ability to manage and advise in criminal investigations and appear at any subsequent trial is vitally important, there are many other aspects to our work in health and safety. We increasingly advise companies keen to ensure that they have complied with the complex and ever-expanding regulatory environment. We regularly give lectures and seminars to UK PLC’s on compliance issues relating to Health and Safety; regular topics for discussion are the Institute of Directors’ “top down” approach to Board level responsibility for Health and Safety and the likelihood that an inquiry into a corporate manslaughter will necessarily take the investigators far into the internal health and safety apparatus and culture of any corporate under investigation. 

We are regularly instructed to appear before Coroners at Inquests for corporate clients and Directors. These initial investigations into untimely deaths – often in the workplace – can also become a minefield for families without appropriate assistance and advice. The introduction of the narrative verdict, a series of short statements of fact, has provided increased opportunity for bereaved families to establish more detailed findings of fact within the inquisitorial process that may be relevant to corporate behaviour. Increasingly the enforcement authorities, be it the Health and Safety Executive or local authority Environmental Health departments, are represented at Inquests thus increasing the evidential significance of what can occur in the Coroner’s jurisdiction. Although possible exceptions to the rule were introduced in September 2011, the starting point is that the Inquest will pre-date any decision to charge – thus managing the emergence of evidence at the Inquest can be highly material to whether or not a corporate body or individual director (or employee) will ultimately face a prosecution. Continuity of representation between initial investigation, the Inquest and any subsequent prosecution can be vitally important in securing the best outcome. 

Our expertise overlaps both criminal and civil liability. We have a breadth of personal injury and clinical negligence experience both within our heath and safety team and across other work groups that completes our available litigation expertise in a way unparalleled by our competitors. Unlike almost any other set of chambers, we can and do regularly provide a single port of call to deal with the most complex cases, starting with the Inquest jurisdiction, passing through and including criminal proceedings and, ultimately, resolving issues of civil liability and the quantum of damages. 

Recent multi-jurisdictional examples (alongside many others) include the Buncefield litigation, the Warwickshire Fire Brigade litigation (arising out of the death of four fire fighters at a warehouse blaze in 2007) and, for 2012, the Lakanal House fire (the death of 6 people in the Camberwell tower block fire) Inquest due to be heard for up to three months in the latter part of 2012. 

It is in these very substantial types of case that Chambers often provides different members from different work group areas to deal with separate issues as they arise; we often provide different counsel to deal with, for example, the Inquest and potential prosecution (if any) with an alternative member of Chambers (who may have more appropriate specialist experience) handling the civil litigation claim. Thus Chambers is able to present an almost unique breadth of experience and expertise to cover all aspects of Health and Safety litigation.

Round table management of individual cases across our different work groups remains a Chambers speciality.  

Areas of expertise

  • Corporate manslaughter
  • Criminal and civil liability
  • Inquests
  • Quantum of damages
  • Regulatory issues

For further information, contact:

Stephen Somerville, Senior Team Leader, 020 7353 6381

Track record and prominent cases

Buncefield  (R v Total (UK) Ltd, British Pipeline Agency Ltd & others)
Defending one of the oil companies in the joint prosecution by the Environment Agency and the Health and Safety Executive arising from the explosion at the Buncefield oil storage terminal

R v Cotswold Geotech Limted and Peter Eaton
The first case for the new offence of corporate killing under the Corporate Manslaughter Act 2007

HSE v Chargot Limited, Ruttle Plant Hire Limited and George Ruttle
Representing the Appellants in the House of Lords in the lead case regarding directors’ duties and the scope of the general duties under the HSWA

Clostridium Difficile 
Advising NHS South East Coast Strategic Health Authority in respect of liability under HSWA following two of the most serious outbreaks of the ‘c –difficile’ ever known in the UK

R  v Misra & Srivastava  and the linked case of R v Southampton NHS Trust
The lead court of appeal authority on gross negligence manslaughter arising from a gross negligence manslaughter prosecution of two doctors (2 members) and the resultant prosecution of and successful appeal by the hospital for which they worked

Potters Bar Rail Crash

Hatfield Rail crash

Ladbroke Grove Rail Crash

Tebay rail crash 

Southall Rail Crash

The Avonmouth Bridge gantry collapse

Our clients

We act for companies, individuals and families in all aspects of health and safety law.

What the directories say


THE SET - Silks and juniors alike have been instructed on many precedent-setting health and safety cases in recent years, and have also had involvement in a number of inquests that received close press attention. Sources rate the calibre and experience of practitioners at the set and also comment on the "excellent clerking" on offer. Illustrative of the set's standing, it has had involvement in such cases as HSE v EGS Limited and the Buncefield litigation in recent times.


SILKS - Richard Lissack QC is described by solicitors as the "QC of choice in any big case" and has recently acted in a host of such cases, from Buncefield to HSE v Chargot and R v Cotswold Geotechnical. He is a "standout silk who is incredibly personable, great on his feet and really gets the ear of the court." His co-tenant Philip Mott QC possesses vast experience of defending companies and their directors against corporate and gross negligence manslaughter prosecutions. “He is a class act in all areas," say peers. Christopher Wilson-Smith QC nicely balances civil and criminal litigation, and solicitors are quick to say that he is equally adept at both. This "old-school, utterly reliable" barrister was recently involved in the Buncefield litigation, acting for a major oil company. “Very suave and professional,” Ben Compton QC is rated highly by peers and was warmly applauded on his recent promotion to silk. He is "hugely industrious and commands the respect and trust of clients immediately," according to sources. He worked on the Chargot case and subsequent litigation clarifying the principles arising from it with regard to the scope of duties under the Health and Safety at Work Act. 

 
JUNIORS - Stephen Climie is a very experienced junior in health and safety and related civil and criminal practice areas. His knowledge of the subject encompasses both defence and prosecution-side briefs. "He's first-rate," say sources, who equally note his “very personable and down-to-earth nature.” Nicholas Medcroft has been instructed in numerous high-profile cases, Buncefield and the Potters Bar rail crash among them. He is “very impressive,” note market observers, and someone who is "in the 'Lissack' mould." Also recommended, Thomas Leeper focuses on criminal and regulatory prosecution work, and has handled a number of rail inquests in the past. Chambers and Partners 2012

Outer Temple Chambers maintains its leading reputation in health and safety, impressing clients with a ‘thoroughly modern and welcoming attitude’. The ‘absolutely excellent’ Richard Lissack QC is ‘one of the country’s leading health and safety barristers, with huge depth in expertise’, and Philip Mott QC is ‘professional and meticulous, leaving no stone unturned’. New silk Ben Compton QC, who is ‘extremely professional and communicates well with clients’, is acting in the Atherstone-on-Stour fire tragedy case. Stephen Climie is ‘a very good advocate, who gets results’; Nicholas Medcroft is ‘one of the most knowledgeable health and safety barristers around’; and James Leonard ‘appreciates the bigger picture and has excellent attention to detail’.  Legal 500 2011

 

Memberships and involvement

  • HSLA
     

Tags: Health & Safety

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