News & Events

Health, Safety & Environment

Outer Temple Chambers shortlisted in the Chambers UK Bar Awards 2022

Outer Temple Chambers is delighted to announce that we have been shortlisted as an ‘Outstanding Set’ in Diversity & Inclusion, by the Chambers UK Bar Awards 2022. Congratulations also to James Leonard, Naomi Ling, Matthew McDonagh, and Justina Stewart, who have been shortlisted for individual awards. Chambers & Partners announced the shortlist ahead of the Awards Ceremony on 17th November in London. Naomi Ling, Employment Naomi Ling has been shortlisted as ‘Employment Junior of the Year’ in recognition of her outstanding Employment practice last year. She is a highly sought-after employment barrister with over 20 years of experience in this area. Recent instructions of note include; Abdar v Morrisons, McCloud v Lord Chancellor, Turley v Port of Felixstowe James Leonard, Health…

News, Disciplinary & Regulatory, Employment 1 Sep, 2022

James Leonard, leading Oliver Powell, secure halftime acquittals in gross negligence manslaughter case 

James Leonard and Oliver Powell, instructed by Chris Baranowski of DAC Beachcroft, appeared on behalf of Mr Gary Robinson, the former director of Complete Demolition Ltd, at the Central Criminal Crown Court. Mr Robinson was indicted on two counts: (1) gross negligence manslaughter; and (2) section 37 of the Health & Safety at Work etc. Act 1974 (‘HSWA 1974’). Background: On 23 August 2018 Robert Stoian went to work as a labourer for Complete Demolition Ltd (‘the Company’). The Company been contracted to remove the internal fittings on the fifth floor of the Global Switch Building in Docklands, East London. This included; the studded partition walls, the suspended ceiling and raised floor.  Embedded in one of the partition walls was a glazed unit which was 5.1m wide,…

Health & Safety 9 May, 2022

Oliver Powell successful in Environmental Appeal

Oliver Powell, instructed by Andrew Oliver of Andrew Jackson LLP, appeared at York Crown Court in relation to an environmental appeal which had its genesis in regulatory breaches in the fishing sector. Oliver (who was not instructed at first instance) appeared on behalf of the appellant, John MacAlister (Oban) Ltd (‘the Company’). The case concerned an investigation by the North Eastern Inshore Fisheries and Conservation Authority (‘NEIFCA’) into the activities of one of the Company’s vessels, the Star of Annan. The breaches, which occurred variously on six different occasions, concerned: catching undersize scallops; fishing outside of a permitted area; fishing without a valid permit; fishing with more than 10 scallop dredges; failing to operate AIS; and fishing in a closed…

News, Health & Safety 10 Sep, 2021

How will a safe return of spectators to elite sport be managed?

Paul Rogers provides a health & safety perspective on how to manage a safe return of spectators to elite sport in his article for LawInSport. The Department for Culture Media & Sport announced a series of pilots to trial the safe return of spectators to stadiums. The aim of the pilots was to prepare for the full “socially distanced” return of sporting events from 1 October 2020 in England as stated in its guidance “Elite sport – return to competition: safe return of spectators”. Paul’s article considers the : How the safe return of spectators will be managed; What the implications are for sporting venues under Sections 2, 3 and 4 of the Health and Safety at Work Act 1974;…

Legal Blog & Publications, Sports 17 Aug, 2020

Paul Rogers on HSE Guidance, Enforcement and Social Distancing at Work

Paul Rogers considers what the HSE has said about enforcement, and what guidance there is to assist employers to make decisions about protective measures, and raises some questions about the difficulty of proving a material risk of transmission in relation to the so-called ‘two metre rule’. Paul Rogers of our Health & Safety Team has recently had an article published in LexisPSL exploring HSE guidance, enforcement and social distancing at work. The Guidance The Health and Safety Executive (HSE) has said it will look closely at concerns about social distancing and coronavirus (COVID-19) to secure compliance with the law, and has made clear that duty holders have a responsibility to protect workers and others against the risk of coronavirus infection…

Covid-19, Legal Blog & Publications, Health & Safety 4 Jun, 2020

Paul Rogers on what PPE should be worn when resuscitating a person using CPR

Paul Rogers answers the vexing question of what PPE should be worn when resuscitating a person using CPR during Covid-19, given the conflict between PHE and the UK Resuscitation Council on whether chest compressions are aerosol generating procedures. Paul Rogers of our Health & Safety Team has recently had an article published in LexisPSL exploring what PPE should be worn when resuscitating a person. The Guidance PHE publication ‘COVID-19, infection prevention and control guidance’ explains that the transmission of coronavirus (COVID-19) is thought to occur mainly through respiratory droplets generated by coughing and sneezing and by contact with contaminated surfaces. During AGPs however, it recognises that there is an increased risk or aerosol spread of infectious agents and advises airborne…

Covid-19, Legal Blog & Publications, Health & Safety during Covid-19 11 May, 2020

Oliver Powell represents timber designer and constructor in fire safety case

Oliver Powell, instructed by Roy Tozer and Hannah Frost of Shoosmiths represented a company who were sub-contracted  to design and construct a timber frame structure for a commercial building project. The organisation was charged with contravening section 3 of the Health and Safety at Work etc. Act 1974 (‘HSWA 1974’) in relation to the design and construction of new timber framed building immediately adjacent to an occupied residential building. It was alleged that the organisation had failed to: ensure that the appropriate category of timber frame was used; and carry out an adequate assessment of the off-site fire risks. For the purposes of the sentencing exercise, the Health and Safety Executive (‘HSE’) initially sought starting points of not less than £250,000, on…

News 2 Mar, 2020

Patrick Sadd acts for Secretary of State for Transport in test case appeals on heavy goods vehicle emission control

Patrick Sadd was recently instructed by the Secretary of State for Transport in a series of test case appeals affecting heavy good vehicle emissions. Fleet operators had appealed against decisions by the industry’s regulators, Traffic Commissioners shutting their businesses down. In each case vehicles had been fitted with Ad Blue emulators. These had the effect of by-passing the on-board emission control systems with a consequence that vehicles were running on public roads with pollutant NXo uncontrolled. The emulators gave the false impression that emissions were being controlled. Their use avoided the vehicle having to come off the road when faults developed in the on-board diagnostic system. In its decision the Upper Tribunal reviewed EU legislation on emission control and national…

News 8 Jan, 2020

Ben Compton QC secures acquittal for the Port of London Authority

The Port of London Authority (“the PLA”) have been acquitted at Snaresbrook Crown Court of a serious maritime safety offence arising out of the sinking of the Chiefton tug and death of a crew member on 12 August 2011. The prosecution accused the PLA of failing to adequately and safely plan the tow of the Skyline Barge by the Chiefton and Steven B tug boats during a passage down the River Thames between 9 August and 12 August. The PLA maintained that in the particular circumstances the risk of the Chiefton sinking was not a material risk and in any event, the evidence showed the PLA had done all that was reasonably practicable to make the passage safe. After a…

News 2 Dec, 2019

Ben Compton QC & Oliver Powell speak at Port Skills & Safety

Ben Compton QC and Oliver Powell were invited by Port Skills & Safety, a joint venture between UKMPG and the British Ports Association to improve safety standards in the marine industry, to speak at its workshop: “Whose choice is it anyway…?” Ben spoke on the ‘Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences Definitive Guideline’, whilst Oliver conducted a mock trial, as well as sitting on a specialist panel dealing with marine related health and safety questions. Other speakers included: Chris Newton, Partner, and Alex Penberthy, Partner, Keoghs; Mike Yarwood, Claims Executive, TT Club; Stephen Haynes, Programme Manager, Mates in Mind; and Adam Christopher, Director, Active Training Team Ltd. The unique and insightful workshop was designed…

News 23 May, 2019

John McKendrick QC speaks at Commonwealth Lawyers conference

John McKendrick QC is speaking at one of the largest gatherings of lawyers from the Commonwealth, organised by the Commonwealth Lawyers’ Association. The 21st Commonwealth Law Conference 2019 is taking place for the first time in Livingstone, Zambia during the week of 8 April, with the theme of “The Rule of Law in Retreat? Challenges for the Modern Commonwealth”. John will speak at two sessions: ‘Developments in Appellate Advocacy’ and ‘Regulation of Competition law’. Other speakers at the event include the Lord Chief Justice, the Lord Justice Clerk and the Secretary General of the Commonwealth. The conference will be opened by the President of Zambia on Tuesday 9 April. John is qualified in four Commonwealth jurisdictions and, as a former…

News 8 Apr, 2019

Will Young for the successful appellant in Read v Ryder

The judgment has now been handed down in the EAT in the case of Read v Ryder. Will Young appeared for the successful appellant in the case, which gave guidance in relation to the question of precisely when the Employment Tribunal has jurisdiction to hear an employer’s counter-claim. The EAT in Read v Ryder accepted Will’s argument that for the Tribunal to have jurisdiction, the claimant must have unambiguously (i.e. expressly) have brought a claim ‘by virtue of’ the Employment Tribunals (Extension of Jurisdiction) Order 1994, or to have brought a claim that could only have been brought by virtue of the Order. Notwithstanding the relatively small sum at stake in the case itself, the decision may be of wider…

News 21 Mar, 2019

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