News & Events
News & Events
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 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 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
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
Outer Temple Chambers is pleased to bring the short article below to the attention of all our clients in health and safety/environmental work. Written by Tim Green and Gus Baker, this commentary provides an essential guide to the use of civil undertakings in environmental enforcement proceedings including an analysis of the following: what makes up a civil undertaking including admission, penalty and remediation the Environment Agency’s enforcement policy when a civil penalty might be an alternative to prosecution how civil undertakings are being used by the Agency negotiating strategy and tactics Please follow this link to read more.
News 3 Oct, 2018
At Sheffield Crown Court on Friday 14 August, Tim Green appeared for the HSE in the prosecution of Abbey Forge Limited. The health and safety failings led to a £500,000 fine. The case arose from the death of a worker when manipulating very hard steel alloys under a 50 CWT hammer. BBC coverage of the case is available to read here.
News 6 Sep, 2018
James Leonard appeared at the Grenfell Tower Public Inquiry in London on the 6th June 2018 and made an Opening Statement on behalf of CS Stokes Associates Limited, one of the Core Participants. James invited the Chair, Sir Martin Moore-Bick, to consider, amongst other issues, the Regulatory Reform (Fire Safety) Order 2005 and Fire Risk Assessments. His address can be found here. James’ Health & Safety and Environmental work leads to appearances in Courts at every level but his caseload is at the higher end of the scale of seriousness. Those cases invariably include fatalities in the work place, allegations of gross negligence manslaughter and offences under the Corporate Manslaughter and Corporate Homicide Act 2007. His work is extensive and nationwide,…
News 12 Jun, 2018
A number of members of the Health & Safety Team at Outer Temple Chambers have been invited to give seminars as part of The Health & Safety Lawyers Association (‘HSLA’) spring seminar programme. This year, the programme will attract over 200 delegates across five separate seminars. On 26 April 2018, Ben Compton QC and Tim Green gave a seminar on Dismissal & Disclosure. The event was hosted by DWF in Birmingham, and will be repeated at Osborne Clarke in London on 14 June 2018 and at Eversheds in Leeds on 21 June 2018. The talk covers the powers of the Crown Court to dismiss charges before arraignment, disclosure before arraignment, defence statements, and digital & expert disclosure. On 17 May…
News 30 May, 2018
In a recent Health & Safety case heard by the Court of Appeal, Criminal Division, the Court accepted submissions that the Judge had wrongly characterised the culpability of ATE Truck & Trailer Sales Ltd as ‘high’, and reduced it to ‘low’. The Court of Appeal also reduced a finding of High Likelihood of harm to Medium leading to a reduction in fine from £475,000 to £200,000. Some useful and informative remarks were presented on the approach to be taken when the Prosecution and Defence reach agreement about issues relevant to a sentencing Guideline. James Leonard represented ATE Truck and Trailer Sales Ltd and was instructed by Sean Elson and Louise Mansfield of Pinsent Masons, Birmingham. am. The full judgment can…
News 13 Apr, 2018
Ben Compton QC has secured the acquittal of Formula One Management Ltd (FOML), who were being prosecuted by the HSE on a charge under section 3 of the Health and Safety at Work Act 1974. The case involved contractors who FOML had hired for roof work at one of their sites in Surrey. During the resultant work, an untrained roofer fell through a roof light and was severely injured. The case against FOML was predicated on the basis that they had not adhered to their own management systems in selecting this particular contractor and further that they permitted work to continue even after the accident. As part of their case, the HSE relied on a former employee, as one of…
News 16 Feb, 2018
Tim Green was instructed by the HSE in the appeal against sentence brought by John Henry and Sons Limited. The appellant sought to challenge both the sentence and costs ordered by the Recorder of Lincoln following a 3 weeks trial in May 2016. The judgment of Lord Justice Treacy in this case is important reading for all health and safety practitioners and can be found here. In particular, the Court of Appeal gave guidance on the following: The very limited circumstances in which it will interfere with findings of fact made by a trial Judge which then forms the basis of sentence [para 25]. The importance of the appellant placing the most recent accounting information available before the sentencing court…
News 6 Feb, 2018
Tim Nesbitt successful in important appeal before the Information Rights Tribunal on environmental information relating to badger cull. The Information Rights Tribunal has just released a decision following a three day hearing in December in which the UK Government was seeking to resist the release of information about environmental impact assessments into the national badger cull. Tim was acting for a biologist and conservationist with an interest in European and UK protected wildlife species who wanted access to the environmental impact assessments to consider their adequacy, especially in relation to protected species. The case turned on the application of the Environmental Information Regulations, the Aarhus Convention and EC Directive on Environmental Information. The Government contended that they should be able…
News 26 Jan, 2018
