News & Events

Health, Safety & Environment

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

Civil Undertakings in environmental law – an alternative to prosecution?

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

Tim Green in forge death inquiry

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 appears at the Grenfell Tower Public Inquiry

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

OTC Members invited to speak on HSLA Spring Seminar Programme

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…

Events, News 30 May, 2018

Corporate fine for Health & Safety fatality reduced by Court of Appeal

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 secures acquittal in HSE prosecution of Formula One Management Ltd

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

OTC appear in new Health & Safety precedent

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

Successful appeal over badger cull before the Information Rights Tribunal

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

Oliver Powell speaks at UKHMA Autumn 2017 Seminar

Oliver Powell, together with Claire Rawle, Partner Blake Morgan LLP, were both invited to speak at UK Harbour Masters Association Autumn 2017 Seminar. Their talk, entitled ‘Health & Safety – the cost of getting it wrong’, drew upon their considerable experience of investigations and prosecutions in health and safety matters. Other speakers at the seminar included: Captain Forkanul Quader of Maritime & Coastguard Agency; Jon Beckett and Miles Featherstone of Port of London Authority; Andrew Kelly of Department for Transport; Helen McCormick of CTRL Marine Solutions Ltd; Scott Baker of Svitzer UK; Caroline Price of Royal Haskoning DHV; Steve Guest of Kongsberg Norcontrol Ltd; and Brett Ward of Fendercare Ltd. The seminar was attended by approximately 150 people, including port…

Events, News 22 Nov, 2017

Success at Chambers UK Bar Awards

We are delighted to announce that Outer Temple was awarded ‘Personal Injury and Clinical Negligence Set of the Year’ and that James Leonard won the ‘Health & Safety Junior of the Year’ Award at the Chambers UK Bar Awards 2017. We are proud of our barristers and clerks and their well-deserved accomplishments. The Chambers UK Bar Awards ceremony was held last night at The London Hilton. Further details are available here.

News 27 Oct, 2017

The British Legal Awards 2017: Finalists

We are delighted to have been shortlisted in Legal Week’s British Legal Awards 2017 – Chambers of the Year category. The British Legal Awards hosted by Legal Week in association with The City of London Law Society, takes place at the end of the LegalWeek Connect, and is due to be attended by 1,000 lawyers. All 29 categories have been carefully chosen to reflect the ever-complex and challenging work of business lawyers at law firms, within legal departments and at the Bar. Key awards this year include The City of London Law Society Lifetime Achievement Award, Chambers of the Year, Law Firm of the Year, General Counsel of the Year, Editor’s Award: Law Firm Leader of the Year and the Legal…

News 20 Oct, 2017

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