Ben Compton QC

Call date: 1979

Date of silk: 2011

Email: Ben Compton QC

Clerk: Stephen Somerville

Areas of Law:	Environment, Commercial Fraud, Public Law, Disciplinary & Regulation, Personal Injury, Health & Safety, Specialist Crime

Practice summary

Ben Compton QC is first and foremost a specialist advocate in health and safety with extensive experience in civil and criminal courts, subsequent appeals at the Court of Appeal, and the Supreme Court, and jury inquests through out the UK.

The vast majority of his health and safety practice is spent representing corporate defendants and company directors in cases concerning fatalities or serious injury, and he has been instructed in the majority of the major disaster cases i.e. the Lyme Bay canoeing tragedy, the Pescado, the Copthorne legionella case, Potters Bar, Tebay and the Hednesford rail crashes. In 2008 he appeared in the House of Lords in Chargot; widely viewed as the most important case on health and safety in the last decade because of it’s analysis of risk and what the prosecution have to prove as part of their prima facie case. In 2009 he appeared in the Court of Appeal in EGS Ltd which added further clarification to the Chargot Ruling. He is currently instructed in a number of major investigations on behalf of the defence, including the Warwickshire Fire tragedy, where four fire fighters were killed at a warehouse in Atherstone -on-Stour, the Lakanal House and Marine Tower block fires and the most recent electric gates fatality in Wales.

Other areas of practice include:
Personal injury:- with a particular interest in equine cases and including catastrophic brain and spinal injury.

Clinical negligence including brain injury, laparoscopic surgery negligence, injuries at birth and loss of a chance.

Medical disciplinary work defending healthcare professionals at the General Medical Council and PCT disciplinary work, with overlapping inquests and criminal matters across the full range of criminal charges.

He also has a significant interest in International work in the BVI (he is a member of the Eastern Caribbean Bar), the Middle East, and the United States of America.

Ben Compton is a member of HSLA, UKELA and PIBA

He was appointed a Recorder in 2005 and a Q.C. in 2011.

A selection of recent cases

Health and Safety

R v BSS Ltd.
Successful defence of company charged with s.2 offence following an accident in the unloading of pipes.

R v Huggett
Successful defence of householder charged under the CDM regs. following collapse of house in Clapham where builders were seriously injured. The case turned on the legal definition of “significant control”.

R v Chargot
Section 3/37 landmark case in the House of Lords clarifying the extent to which a prosecution must identify acts and/or omissions in order to establish a prima facie breach of statutory duty.
R v EGS Ltd
Terminating ruling in Court of Appeal which further refine Lord Hope’s judgement in Chargot and issued guidance on the need for proactive case management in health and safety cases. Defendant acquitted in subsequent retrial.
HSE v Marble City Ltd
The first Appeal case to consider the new Sentencing Guidelines concerning on death in corporate manslaughter and health and safety cases.
Derby City Council v Wolseley UK ltd
Successful 3 day appeal against an improvement notice with costs against the DCC
R v Hill
Successful defence of employer on manslaughter charge following death of vulnerable young person on soil sifting machine. [led]
R v Naturediet ltd
Successful defence of employer on manslaughter charge following death of employee in a pet food production line. [led]
Chichester BC v Fishers Farm Park Ltd
Defendant company acquitted of s.2 allegation where employee critically injured when wagon towed by 2 shire horses tipped on side. Case turned on expert evidence re stability and design of wagon.
HSE v PC Harrington
S.2 plea following a crane fatality at Wembley Stadium. Case involved a massive investigation into the working practices of the defendant company during the construction phase of the Stadium.
Stroud DC v Clayton
Fatality of one of the Princess Royal’s sons best friend at Gatcombe Park during a quad biking incident. Successful defence of Gatcombe’s Health and Safety advisor – case stopped as an abuse of the Court’s process on 3rd day.
R v Matthews
Successful defence of a director of a company on s.37 charge during manslaughter trial for her husband. Case followed the cutting of acetylene cylinders with guillotine at a scrap yard.
R v Anthony Ward
Successful abuse hearing on behalf of an employee on a s.7 charge following gas explosion at Whiteley’s retirement village where 2 elderly people were killed.
R v Franklins Restaurant
Successful defence of a restaurant chain following amputation of fingers in a restaurant door. The case depended on expert evidence.
In the Matter of Ilian Tuncay
Acting for Kent County Council in a corporate manslaughter investigation following repeated deaths of motorcyclists on a damaged road that had not been repaired despite numerous complaints from road users and letters from the local MP Anne Widdicombe. Case progressed to Inquest stage and then no further action.

Crime

R v Malkin
Corruption trial - allegations of corporate hospitality including presents – still live.
Attorney General of Jersey v Stanley Farnon
Acting in advisory capacity to attorney during successful defence of attempted murder.
R v Stubbs
Acting for Casework Directorate in internet fraud on HSBC’s corporate client accounts in Leicester. Total amount stolen c. £20 million. Conviction upheld in the Court of Appeal.

Clinical negligence

Buttery v Dr Brittain
Partial amputation following failure to diagnose arterial thrombosis.
Inquest into the death of Joe Holborn
Acting for colorectal surgeon at Inquest following death of patient post operation
Petra Resolva v University College London Hospital
Acting for Claimant following substandard appendicectomy with resultant infection - case settled
In the Matter of Dr Niven
Acting for neuro radiologist at Inquest stage following allegations of negligence in failing to identify false aneurysm in angiogram on 4 year old boy following collapse at home with substantial brain damage.
In the Matter of Vijay Harikshiva
Acting for young doctor at Inquest stage following insertion of female catheter into elderly male patient who subsequently died.
In the Matter of Lucas Starchursky
Acting for consultant paediatrician in charge of 9 month old boy with Sturge Webber disease who was administered with enormous overdoes of phenytoin leading to death.
In the Matter of Rita Edith Dare
Acting for junior doctor at Inquest stage – allegation that he had failed to spot NG tube in stomach resulting in death.
In the Matter of Carmel Shellar
Acting for Tesco’s at Inquest following the incorrect prescribing of medication from a Tesco pharmacy which led to death of patient.

Personal Injury
Numerous contested hearings mainly for insurers in cases of involving equine accidents and the Animals Act 1971.

GMC and PCT work
Regular appearances before IOP and PCTs over last 3 years