James Leonard KC represents construction company in Health & Safety case following death of employee on site

Outer Temple’s Health and Safety law specialist, James Leonard KC, represented Melfort Construction Services Ltd in a four-week trial at Lincoln Crown Court following the death of an employee on site.

James Leonard KC represented Melfort Construction Services Ltd in a four-week trial at Lincoln Crown Court. The allegation was a failure on the part of Melfort, a specialist groundworks contractor, to ensure the health and safety of an employee who sadly died at a construction site in Lincoln in 2020.

The employee was working for Melfort Construction as a dump truck driver and Melfort Construction had been sub-contracted to the Lindum Group to carry out groundwork. The employee was driving his front-loaded dump truck when he opened the barriers with the intention of unloading spoil with the permission of the site supervisor. The truck tipped, ended up upside down, the employee died at the scene.

It was alleged that Melfort had failed to supervise its workforce properly. Melfort defended the case on the basis that it’s supervisor’s performance, when set against his training, experience and responsibilities was not foreseeable and therefore could not be guarded against by any reasonably practicable measures. The jury agreed and Melfort were found not guilty. 

This incident was reported in local news back in 2020 here. James was instructed by Kathryn Quinley of Keoghs Solicitors.

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James specialises predominantly in Health, Safety & Environmental Law and has an established practice in Disciplinary & Regulatory cases. James’ Health, Safety & Environmental work leads to appearances in Courts at every level but his caseload includes the most serious cases for high profile clients. They invariably include fatalities in the workplace, allegations of Gross Negligence Manslaughter against individuals and offences under the Corporate Manslaughter and Corporate Homicide Act 2007 against corporate bodies. He represents nationally known companies.

James has lectured extensively on the new guideline to the Health and Safety Lawyers Association (in London and Scotland) and to solicitors and corporate clients alike. In 2022, James is one of only two barristers at the Bar of England and Wales to whom Chambers & Partners have afforded the ‘Star’ status in Health & Safety Law. He is currently ranked as a New Silk and is highly regarded for his Health & Safety work in the Chambers & Partners Guide and The Legal 500 guide.

To find out more about James, contact Nick Levett +44 (0)20 7427 4908 or Mark Gardner +44 (0)20 7427 4906  for a confidential discussion.

News 6 Dec, 2023