Overview
All walks of life are affected by health and safety issues and Outer Temple Chambers’ barristers are equipped to 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 where companies face criminal charges and civil proceedings. These range from cases involving heavy industry and construction as well as retail and commercial premises, 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.
While the team’s ability to conduct criminal trials 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 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 increased the opportunities for bereaved families to establish more detailed findings of fact within the inquisitorial process that may be relevant to corporate behaviour.
Our expertise overlaps both criminal and civil liability. Unlike many chambers, we provide a single port of call to deal with the most complex cases from inquest, passing through any criminal proceedings and, ultimately, resolving issues of civil responsibility and quantum of damages.
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 This set and its barristers can be counted on to be at the forefront of nearly all major cases and developments in the health and safety arena. Comparatively rare in that it offers equally eminent defence and prosecution barristers, it is celebrated for its "substantial team of strong performers in the sector."
SILKS Instrumental in no small measure for the set's success is "silk nonpareil" Richard Lissack QC. This "supreme advocate and great tactician" has recently acted on no less than four of the principal test cases that will decide the enforcement landscape in the UK for years to come. In addition to Buncefield and R v Chargot, a case which set a crucial precedent regarding the prosecution's identification of specific breaches of regulations, he has also acted for Cotswold Geotech in the first case to be brought under the new offence of corporate killing. Clients and lawyers alike acknowledge Philip Mott QC as a "master" when it comes to gross and corporate negligence cases, whether acting in defence or for the prosecution. Interviewees admire his "brilliant mind and natural ability to manage the clients and their expectations." He is admired by solicitors, as is Christopher Wilson-Smith QC, a defence stalwart applauded as a "commanding presence who comes over very well in court." Recent actions for Wilson-Smith include Buncefield and his defence of British Gas against an HSE prosecution for alleged violations.
JUNIORS Stephen Climie's aptitude for corporate manslaughter cases was much remarked upon by interviewees. A lawyer with a "down-to-earth and reassuring client manner," he is always well briefed. He is rated along with Ben Compton, a true health and safety specialist, who is a "highly thoughtful advocate with a good manner before juries." Solicitors report that he is "absolutely brilliant with clients, from directors down to the man who drives the truck." A recent highlight for him was R v Electric Gate Services Ltd, a case which served to clarify the Chargot ruling. Thomas Leeper has a practice in defending and prosecuting fatal accidents, and was recently instructed in a manslaughter by gross negligence case regarding a tragic attempt to scale Mt Everest. He sits in the tables along with Nicholas Medcroft, who goes from strength to strength, having acted in both the Buncefield and Potters Bar investigations over the past year. His background in criminal law is felt to give him a certain edge, and he further draws plaudits for his "sound judgement and lateral thinking." Chambers and Partners 2011
The deep bench of specialists and broad range of experience on offer at Outer Temple Chambers ensure that it remains a first choice among instructing solicitors. With a history of “illustrious achievements on both sides of the fence,” the set is one of a handful that boasts experience acting for both the defence and the prosecution in market-leading cases.
One man who has contributed greatly to the group’s roll call of success in the field is Richard Lissack QC. He is singled out as a star performer by clients and peers: “He’s in a league of his own, and is undoubtedly one of the most capable advocates at the Bar today.” Active in some of the most significant cases in the market, he recently represented the defence in Ruttle v HSE, a potentially ground-breaking test case that was heard in the House of Lords. Over the past year Philip Mott QC has, like Lissack, remained busy principally acting for the prosecution but also defending several clients against corporate manslaughter and a variety of HSE charges. He wins the respect of the market for remaining “unflappable and always in control.” Another “robust performer” who is “guaranteed to deliver great results” is Christopher Wilson-Smith QC. He recently acted in R v Imco Plastics, a corporate manslaughter case relating to legionella.
Recommended juniors at the set include Ben Compton, an individual with “exceptional judgement who has the ability to read the mood of the court better than most barristers.” He has attracted a number of positive reviews after a successful year, during which he appeared in both the Court of Appeal and the House of Lords, and acted in a number of gross negligence cases. Alongside him lie practitioners of the calibre of Stephen Climie. Climie is prized for his expertise in fatal accident prosecutions, and strikes peers as “a very good, technical barrister with a calm and assured demeanour.” Thomas Leeper is renowned for his defence and prosecution work in fatality cases occurring in maritime, construction, rail and care home settings. He receives consistent applause from the market, as does Nicholas Medcroft, whose “prodigious work ethic” is identified as one of his key strengths. He acted for one of the defendants in the Buncefield litigation. Chambers and Partners 2010
The ‘very professional’ Outer Temple Chambers is ‘truly a specialist in the field of health and safety’. The ‘charming, personable, yet authoritative and incisive’ Richard Lissack QC ‘remains pre-eminent - a truly exceptional talent and always a joy to work with’, and Nicholas Medcroft is an ‘impressive all-rounder who turns his hand to very complex new matters with ease’. Lissack and Medcroft continue to advise the Crown Prosecution Service in relation to the Potters Bar rail crash, as well as defending an oil company in the Buncefield litigation. Philip Mott QC has ‘an ability to get on with people and with the job’, while James Leonard is a ‘very competent and reliable junior with good attention to detail’. Legal 500 2010
