Tim Green in successful prosecution of metal recycling giant following a death at work

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 of duty was an underlying cause of death and described the events as an “accident waiting to happen”. The sentence of two other defendants was adjourned.

News 5 Jan, 2015