Health and Safety: Notable case

Workplace Fatality: H&S Charges Successfully Defended (2011)

In August 2007, a site foreman working on the refurbishment of St Catherine's House in central London died when he fell down a lift shaft.  In 2010, the Principal Contractor and a Sub-Contractor were each charged by the Health & Safety Executive with an offence of breaching the duty under section 3, Health & Safety at Work Act (HSWA) 1974.

Adrian Darbishire (instructed by Pinsent Masons) acted for the Principal Contractor, the first defendant.  After a trial at the Old Bailey lasting six weeks, on 14 June 2011 both companies were unanimously acquitted by the jury.

 

 

 

Notable cases:

Inquest into the death of BW (2014)
Inquest into a death by electrocution
Adrian Darbishire QC | Selva Ramasamy

R – v – Sterecycle (2014)
Successful prosecution of a recycling company for Corporate Manslaughter
Adrian Darbishire QC | Jocelyn Ledward

R v Sidebottom (2014)
Mark Ellison QC represents construction company director on manslaughter by gross negligence charge relating to health and s
Mark Ellison QC | Adrian Darbishire QC

R v C (2014)
Acting for leisure company in health and safety prosecution following the drowning of a schoolgirl on a supervised inland bea
Adrian Darbishire QC

R v Natures Way (2014)
Represented a major food processing company at the Inquest following the electrocution of a sub-contractor.
Adrian Darbishire QC

R v Counsell (2014)
Fireworks contractor acquitted over M5 crash deaths.
Adrian Darbishire QC

London Luton Airport Operations Ltd (2013)
Death outside terminal
Mark Ellison QC

R v M (2012)
Workplace death
Sean Larkin QC

Workplace Fatality: H&S Charges Successfully Defended (2011)
Death of site foreman.  Principal and Sub-Contractor unanimously acquitted.
Adrian Darbishire QC

Geotechnical Holdings Ltd (2011)
Geotechnical Holdings Ltd
Mark Ellison QC | Adrian Darbishire QC

Articles:

A new era of enforcement in hospital care?
Ben FitzGerald - Barrister at QEB Hollis Whiteman Chambers and First Junior Counsel to the Mid Staffordshire Trust Public Inq 29.11.2013
Download (PDF) >

Corporate Manslaughter
An introduction to the Corporate Manslaughter and Corporate Homicide Act 2007 24.3.2009
Download (PDF) >

For more information on Fraud-related matters, please contact the clerks on 020 7933 8855 or barristers@qebhw.co.uk