Crime: Health & Safety

CRIME SET OF THE YEAR 2010 - Chambers & Partners

Our work covers

• defence and prosecutions for corporate manslaughter
• infringements of health and safety legislation
• health and safety policy
• health & safety management and training

We are experienced in a wide range of health and safety-related issues and cases.  We advise and regularly act on behalf of major corporate clients, both prior to potential proceedings and thereafter in court, as well as acting for individuals faced with prohibition notices or potential criminal prosecution, and acting in criminal proceedings in respect of alleged health and safety breaches, in particular those which are alleged to have caused death or serious injury.

Workplace manslaughters in which we have acted include, most recently, acting for the prosecution in R v Cotswold Geotech, the first prosecution under the Corporate Manslaughter Act 2007.

Members of chambers also acted in the following recent manslaughter cases:  R v Agis (artist charged with manslaughter after inflatable artwork took off), R v Moyano (consultant gynaecologist charged with manslaughter after death of patient on operating table), R v Lakeland (allegation of corporate manslaughter against caravan park operator following crushing of member of staff), Hatfield Rail Crash (large-scale prosecution for gross negligence manslaughter and H&S breaches).

We have also acted in innumerable health and safety prosecutions where death has been caused, arising in all sectors of industry.  Recent prosecutions concern breaches of PUWER, LOLER, CDM, WAHR and the Management Regulations, as well as breaches of section 2, 3 and 7 of the Act.

We have also acted for manufacturers of work equipment, under investigation in relation to non-compliance with European and domestic supply regulations.

Members of chambers practising in this area combine a long experience of the criminal law with an up to date and detailed knowledge of health and safety legislation.  We maintain good relationships with experts with whom we work frequently, and are always happy to offer recommendations for a suitable expert if able to do so.