News & Events
News & Events
Ben Compton QC and Paul Rogers defend South Lakes Safari Zoo Limited and David Gill, its sole director, in the tiger killing case involving a 24 year old zoo handler, Sarah McClay. Both company and director originally faced a 14 count indictment alleging widespread systemic failures in relation to the running of the tiger house. However, following successful negotiations, the prosecution agreed to drop all counts (seven in total) including four s.37 allegations against David Gill and the company pleaded on a prepared and limited basis to a section 2 and 3 offence under the Health and Safety at Work Act 1974. The section 2 offence concerned failings in the zoo’s risk assessment to have a suitable and sufficient maintenance…
News 14 Jun, 2016
Tim Green has appeared for the HSE in a complex investigation into unsafe excavations in Holbeach, Lincolnshire. Following a three week trial, including expert evidence and multiple rulings on the law before HHJ Pini QC, John Henry and Sons (Civil Engineers) Ltd were convicted by a unanimous verdict of breach of section 3 (1) HSWA. John Henry and Sons will be sentenced with their corporate co-defendants on 10 October. Since his appointment to the Attorney General’s A Panel of approved regulatory advocates in 2013, Tim has appeared in over 20 cases arising from death or serious injury at work. He is an expert in the criminal liability of companies, their directors, what steps are reasonably practicable for a business to take to…
News 23 May, 2016
Tim Green appeared for the Environment Agency in a successful high profile investigation into waste crime committed by companies, their directors and managers heard at Hereford Crown Court over 4 days between 15 to 18 February 2016. Tim is recognised as one of the UK’s leaders in environmental law and is regularly instructed by companies, their officers, private prosecutors and regulators in respect of complex and sensitive environmental enforcement activity.
News 1 Mar, 2016
Tim Green considers the penalties imposed for Health & Safety offences, against those for financial misconduct in ‘The Lawyer Monthly’. According to his article in ‘The Lawyer Monthly’, Tim believes that ‘With the coming into force on 1 February 2016 of the Sentencing Council Guidelines for health and safety offences and corporate manslaughter, the financial penalties for companies with a turnover of £50m+ which are convicted of serious health and safety offences will increase from around £250,000 to over £2.5m.’ Tim is a member of both the health and safety and financial services groups at Outer Temple Chambers, both of which are highly recommended by the recent editions of the legal directories.
News 5 Jan, 2016
This article provides a general commentary upon important changes to environmental law. This article was first published on Lexis®PSL Environment on 13 November 2015.
News 17 Nov, 2015
Ben Compton QC has been awarded the accolade of Health & Safety Silk of the Year 2015 at yesterday’s Chambers & Partners Bar Awards. He was nominated in this category last year so this year’s success is a tribute to his expertise and commitment to the field of Health & Safety.
News 28 Oct, 2015
Tim Green and James Leonard today addressed 50 members of the Health & Safety Lawyers Association (HSLA) in the third successive collaboration between the HSLA and Outer Temple Chambers since February 2015. Tim discussed how defence lawyers might be best prepared to take advantage of a significant rise in the number of private prosecutions whilst James reviewed the law, procedural rules, case law and best practice in costs awards. As with previous OTC/HSLA seminars in Bristol and Manchester, both seminars were well received and followed by drinks generously provided by DAC Beachcroft. Outer Temple Chambers has been consistently ranked as one of England’s leading sets of chambers for Health & Safety work and is committed to spreading best practice in health and safety law and procedure.
News 7 Oct, 2015
The BP Deepwater Horizon disaster in April 2010 led the European Commission to review the safety of offshore oil and gas activities. Three years later it published the Directive on Safety of Offshore Oil and Gas Operations (OSD). On 19 July 2015 amended regulations – the Offshore Installations (Offshore Safety Directive) (Safety Case etc) Regulations 2015 – came into force, which are seen as the ‘key to the management of offshore health and safety and environmental major hazards’. Richard Lissack QC & Fiona Horlick have identified and analysed the main points of the 2015 regulations in an article written for the New Law Journal. The article can be found here through the NLJ website.
News 30 Sep, 2015
On 19 December 2014 at Warwick Crown Court European Metal Recycling Ltd (“the company”) was sentenced to a fine of £150,000 and ordered to pay £88,000 costs following a breach of s3 (2) HSWA at their Kingsbury recycling site in Warwickshire. The company were represented by John Cooper QC and Eversheds solicitors. Tim Green was instructed by the HSE in a long and complex investigation. The prosecution followed the death of a “burner” in October 2012 whilst burning scrap metal barges boats for recycling. Tim showed the court the sub-contractor should not have been approved to work for the company because of obvious weaknesses in its method statement for cutting large size scrap metal. The sentencing Judge agreed the breach…
News 5 Jan, 2015
On 2 December at Stafford Crown Court Lee Cottrill, a company director, was sentenced to 3 months imprisonment suspended for 12 months for health and safety offences. Mr Cottrill was for 20 years a company director of Albion and Tower Scaffolding and had admitted that whilst a director of Albion he has consented or connived in the construction of an unsafe system of scaffolding built around a warehouse outside Burton on Trent. Tim Green was instructed by the HSE to prosecute the case. Three other defendants also pleaded guilty. The Judge found that in respect of each defendant their breach of health and safety law was a significant cause of death. The total fines and costs imposed exceeded £150,000.
News 3 Dec, 2014
Outer Temple Chambers has been instructed by the Environment Agency in an enforcement action taken against 3 companies, their directors and managers. The case is one of the most significant waste prosecutions ever brought. On 3 October 2014 Tim appeared at the PCMH in the case before His Honour Judge Piers-Higgins sitting at Hereford Crown Court. The Judge was told that the regulator alleges the defendants saved at least £2m in landfill charges by depositing over 60,000 tonnes waste unlawfully in a quarry in Shropshire. Two defendants admitted offences contrary to the Environmental Permitting Regulations. Their cases were adjourned for sentence. The case against the 3 corporate defendants and 3 other individuals was adjourned for trial following not guilty pleas.…
News 12 Oct, 2014
At a hearing on 10 October before Judge Zara, Tim Green successfully defended Birmingham City Council against an application for a Litter Abatement Order made by John Hemming MP. Mr Hemming had challenged the Council’s policy of charging £35 per household for collecting green waste from homes across Birmingham. The charging policy was introduced in February 2014 after enabling legislation came into force in 2012. Whilst 50,000 households in Birmingham now pay for the green bins to be collected doubling the amount of green waste recycled and saving the Council £2.5m, other households had ignored the charge and simply fly-tipped their green waste in the streets. The Council had a policy of dealing with fly-tipping by taking steps to educate…
News 9 Oct, 2014