News & Events
News & Events
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
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…
News 22 Nov, 2017
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
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
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.
News 30 Aug, 2017
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
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
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
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
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
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
