News & Events

Health, Safety & Environment

Outer Temple nominated in Chambers UK Bar Awards

We are delighted to announce that Chambers has been shortlisted for ‘Personal Injury/Clinical Negligence Set of the Year’ in the 2017 Chambers UK Bar Awards. In addition, Andrew Short QC has been shortlisted for ‘Employment Silk of the Year’ and James Leonard is listed for ‘Health and Safety Junior of the Year’. The 2017 Chambers UK Bar Awards will be held on Thursday, 26th October 2017.

Events, News 30 Aug, 2017

Success in environmental adjudication

Tim Green has been successful in a precedent setting adjudication concerning the accreditation by the Environment Agency of a waste reprocessor pursuant to the Producer Responsibility Regulations. The Regulations provide for a scheme whereby waste producers are legally obliged to demonstrate that they have recycled waste by the purchase of certificates called Producer Responsibility Notes (“PRNs”). PRNs may only be sold by waste reprocessors which have satisfied the Agency that various environmental standards have been met, including that the reprocessor has a viable business plan. Tim persuaded the adjudicator that the Agency was correct to refuse to accredit a reprocessor in a precedent setting use of the Agency’s powers under the Regulations. Tim Green has been consistently recommended by the…

News 22 Aug, 2017

Sentencing Guidelines and Prosecution of Individuals in Health & Safety cases

The Health and Safety Lawyers Association (“HSLA”) spring seminar programme attracted over 150 delegates across three separate seminars this year. James Leonard, Paul Rogers, Tim Green and Oliver Powell of Outer Temple Chambers provided key talks across the three seminars. They addressed the impact of the new sentencing guidelines and the increased prosecution by the HSE of individuals, to audiences in Bristol, London and Birmingham, with a Glasgow seminar scheduled for June. Links to the slides used in the Birmingham event on 25 April can be found here and here.

Events 3 May, 2017

Hanover Square fatal accident – acquittals

Ben Compton QC and Paul Rogers represented Claire Gordon, a project manager for window manufacturing company Drawn Metal Ltd, in her recent eight week trial for manslaughter by gross negligence and for breaches of section 7 HSWA 1974. She was acquitted of both charges. A set of window frames weighing in excess of 600kg had been delivered and left on the pavement on Hanover Street, by Hanover Square in central London, when they fell and tragically killed a pedestrian Amanda Telfer. The prosecution had alleged Claire Gordon had failed to take steps to ensure the frames were transported, secured and stored safely. The jury rejected the prosecution assertions against her in unanimous not guilty verdicts after three and a half days of deliberations.…

News 27 Mar, 2017

Tim Green for DWF: good news for companies and their officers

In an article written as a guest of solicitors DWF, Tim Green provides a guide to a recent Court of Appeal decision that has important consequences for companies and their officers facing restraint and confiscation in respect of environmental offending. The judgment in R v Powell and Westwood [2016] EWCA Crim 1043 suggests a significant and welcome narrowing of the scope for confiscation in environmental enforcement. Powell and Westwood is thus essential reading for environmental lawyers.  

News 10 Feb, 2017

Tim Green successful in complex HSE case against multiple contractors

On 16 December 2016, HHJ Pini QC sitting at Lincoln Crown Court issued fines and costs in excess of £2.5m. These were in respect of health and safety offences admitted by a the Principal Contractor and two sub-contractors working on deep excavations in Holbeach, Lincolnshire. The case was unusual because of the complex contractual relationship between the defendants and the impact this had on their respective obligations to make the excavations safe. The Principal Contractor (“K Co”) pleaded guilty, as did a small sub-contractor (“L Co.”). The large sub-contractor was convicted after a three week trial. The trial included expert evidence for both sides and detailed submissions on the law relating to the duties lying on specialist sub-contractors, admissibility of…

News 2 Feb, 2017

Paul Rogers represents successful appellant in Criminal Court of Appeal

MJ Allen Holdings Ltd pleaded guilty before the Crown Court to an offence under the work at height regulations. Three of its maintenance workers went onto a fragile roof of approximately 10-11 feet high, using crawling boards that had no edge protection to replace a fan. Whilst on the roof, one of the workers slipped on the crawling board and put his foot through the roof. He did not fall and no proper risk assessment had been undertaken. As a result, no proper method of work had been devised that adhered to health and safety guidelines about working on fragile rooves. However, the learned sentencing judge imposed on the company a fine of £160,000, which has been halved by the…

News 13 Jan, 2017

The Lawyer Monthly’s Health and Safety Barrister 2016

Tim Green awarded “The Lawyer Monthly’s Health and Safety Barrister 2016” The 2016 Lawyer Monthly Legal Awards recognises firms, individual lawyers, solicitors and barristers that have dedicated their resources to innovation, built on their depth of expertise, and performed outstandingly over the year. Over several months, the Lawyer Monthly research team collected and collated nominations through their online voting system. Each nomination was then compared against a strict set of measurable criteria, which was combined with additional industry research to help produce a definitive list of winners. The Lawyer Monthly Legal Awards 2016 winners stood out from their peers by demonstrating professional achievement and excellence in their jurisdiction and sector of practice. Tim Green has been consistently recommended by the…

News 19 Dec, 2016

Tim Green speaks at HSLA conference

On Friday 25th November, Tim Green presented a seminar to 150 delegates at the Health & Safety Lawyers Annual Conference. In his talk Tim analysed important new case law governing the application of the Sentencing Guidelines to health and safety investigations. The conference was a great success. Tim has been consistently recommended by the legal directories for his work in health and safety and environmental law. Please click here for Tim’s slides.

News 28 Nov, 2016

G4S fined £1.8m for Legionnaires Disease exposure risk

Fiona Horlick acted for Harlow District Council in their prosecution of G4S Cash Solutions Ltd for serious breaches of the Health and Safety at Work Act 1974. G4S were sentenced on 2nd September 2016 at Chelmsford Crown Court. The Judge found a ‘flagrant breach of the law’ following G4S’s persistent failure over a number of years to protect its staff and visitors from the risk of exposure to legionella bacteria which carries a risk of death from Legionnaires Disease. G4S, a company with a turnover of £250 million, were fined a total of £1.8m and ordered to pay all the prosecution costs. The Judge, in applying the new sentencing guidelines, found very high culpability coupled with a statistically low risk…

News 7 Sep, 2016

Tim Green is interviewed on health and safety reputational risks

Tim updates Lawyer Monthly on the UK Health & Safety regulatory developments where he points out that the recent introduction of the new sentencing guidelines for health and safety offences represents the principal change. Its main effect “has been a dramatic increase in financial penalties by around tenfold for large companies, and a much greater risk of imprisonment for negligent company officers”. Both the HSE and companies’ compliance officers have a pro-active reaction to the new regulations, Tim states. He also advises companies under investigation to prepare their defence as early as possible. Please click here for the full interview where many more key-points are discussed in greater detail. For many years Tim has been recognised by the Chambers &…

News 28 Jul, 2016

Health and safety precedent setting investigation

Tim Green was recently instructed by the HSE in a precedent setting use of the Control of Major Hazard Regulations (“COMAH”) arising out of the inadvertent ignition of the rocket motor charge by Roxel Motor Limited. The defendant company admitted breaching s2 and 3 HSWA1974 when a technician examining a rocket charge with very hot borescope accidentally ignited the charge in the presence of 2 other technicians. The fire lasted around 10 seconds and burned at temperatures around 450 degrees. Other rocket  charges were in the same room and an open rocket propellant store left open an adjacent room. Roxel’s emergency response to this major accident was inadequate leading to the first ever prosecution under Regulation 12 of COMAH for…

News 8 Jul, 2016

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