News & Events
News & Events
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 11 May, 2020
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 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
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
