Principle areas of practice

•   Health and safety enforcement

•   Gross negligence & corporate manslaughter

•   Inquests

•   Environmental breaches

•   Crime

•   Regulatory crime and professional discipline

•   Commercial fraud, proceeds of crime and confiscation

Website: http://www.richardmatthewsqc.com

Described by the Legal 500 (2010) as an “undoubtable star and a prodigious talent, possessing a peerless knowledge of the law and procedure, he is an effortlessly fluent advocate with a disarming manner who is loved by juries and judges alike."

Recommended as a "leader in the field" in "crime", "fraud" and "health and safety" annually since 2003 by the Chambers Directory, an independent guide to the legal profession. 

The 2007/08 guide stated “Gracing three of our tables, Richard Matthews is deemed by instructing Solicitors to be a ‘phenomenon.’  It further describes him as a ‘superb lawyer’ who's like a terrier - he sees an issue and finds an argument." Possessed of a ‘flexible mind’, it is said of him that ‘what he does not know about health and safety is not worth knowing.'

The 2008/09 guide described as “recommended the ‘incredibly bright and thoughtful’ Richard Matthews. He covers the whole spectrum of criminal work, and is also particularly noted for his involvement in health and safety and manslaughter-related cases…. Clients, peers and solicitors express delight with his work, describing him as “energetic, technically brilliant, and a real livewire.”

The 2009/2010 guide described Richard Matthews QC as "hard-working and incredibly bright" and stated “Many solicitors would have him in their dream team due to his shrewd mind, tactical nous and strong background in criminal law.”

Publications

•   "Health and Safety Enforcement: Law and Practice (2nd Edition, November 2007, Oxford University Press).

•   Blackstone's Guide to the Corporate Manslaughter and Homicide Act 2007 (Oxford University Press, January 2008).

•   Butterworth's Health and Safety Enforcement: Law and Practice. (First Edition 2003, December Butterworths, Lexis Nexis).

•   Corporate Governance: Health and Safety at Work/Corporate and Directors' Criminal Liability (Finance & Investment Research Ltd).

•   Nazi War Criminals in the UK: The Law" (1989) (All Party Parliamentary War Crimes Group/House of Commons).

Health and Safety

•         Investigations and prosecutions

•         Appellate work

•         Directors and employers liability

•         Improvement and prohibition notices

•         Appeals to the Secretary of State

•         Fire Safety Order

Richard Matthews has been instructed, both for the prosecution and the defence, in a great number of health and safety cases. He has particular experience in cases involving the gas and oil industries, nuclear industry, asbestos exposure, traffic management, NHS Trust and uniformed services, construction industry fatalities and the Construction (Design and Management) Regulations.

Richard appeared in the leading House of Lords decision on health and safety, R v Chargot [2008] UKHL 73, and many of the leading Court of Appeal authorities concerned both with liability of employers and company directors and with sentence.

Richard is co-author of the leading textbook on Health and Safety Enforcement (Health and Safety: Law and Practice; Oxford University Press).

He has advised extensively on criminal liability arising under sections 2/3 Health and Safety at Work etc. Act 1974. Richard has advised solicitors acting for directors investigated and charged in respect of personal responsibility for company health and safety failures (s.37) and conducted numerous trials concerning the same. He advises a number of major UK and international corporations on health and safety regulatory compliance. He has advised on and conducted numerous appeals against HSE and local authority prohibition/improvement notices and in relation to licensed activities subject to appeal to the Secretary of State; he has also advised both Fire Authorities and corporations in respect of the Regulatory Reform (Fire Safety) Order 2005.

Richard advised the HSE and Environment Agency in respect of the investigation into the Buncefield Oil Depot explosion and fire of December 2005.

Gross negligence and corporate manslaughter

·   Individual gross negligence manslaughter

·   Corporate manslaughter

Richard Matthews advised the Home Office Legal Advisors on the drafting of the Corporate Manslaughter and Homicide Act 2007 and is the author of the Blackstone's Guide to the Corporate Manslaughter and Corporate Homicide Act 2007 (Oxford University Press).

Richard has particular experience in gross negligence and corporate manslaughter trials, having led for the prosecution and defence in a number of such high profile cases; he has advised on many manslaughter investigations, both the investigating authorities and employers, company directors, local authorities and corporations.

He has been instructed in many of the carbon monoxide poisoning cases/ landlord/ gas safety manslaughters and those arising from construction related deaths

Inquests

·   Work related deaths

·   Carbon monoxide/ gas safety

·   Article 2 Right to Life/ state involvement

Richard has acted for interested parties in many inquests, particularly corporations in work-related deaths; he has considerable experience of inquests touching deaths by carbon monoxide poisoning/ gas safety. Richard has also advised and acted for interested parties in a number of inquests concerned with Article 2 of the ECHR and the right to life/ state involvement.

Environmental breaches

·          Pollution and water resources

·          Waste management and permits

·          Producer responsibility and Transfrontier Shipment

Richard has advised and acted for corporations in environmental prosecutions concerned with the Environmental Protection Act 1990, the Water Resources Act 1991, groundwater / controlled waters pollution, waste management regulation, waste permits/ licenses, Producer Responsibility Obligations and Transfrontier Shipment of Waste Regulations.

Richard recently acted for Community Waste Ltd and Atlantic Paper in the Environment Agency prosecution brought in relation to exports of sorted waste paper in alleged breach of the Transfrontier Shipment of Waste Regulations.. Both companies were acquitted, when no evidence was offered by the prosecution, following a defence case statement challenge regarding Environment Agency sampling of alleged waste and the percentage contamination threshold

Richard is currently instructed on behalf of the Environment Agency in the prosecution resulting from the investigation into the Buncefield oil terminal explosion and fire

Crime

Richard Matthews is an experienced criminal practitioner, particularly in Health and Safety/gross negligence manslaughter cases.  He also has considerable experience of money laundering, corruption and perverting the course of justice cases. Richard has recent experience in cases with European Convention of Human Rights aspects and advising in relation to European Directives incorporated into English law with criminal sanctions.  Richard has advised various UK and foreign corporations and individuals in relation to criminal liability for contravention of European Safety Directives in the UK and transnational criminal liability.

His Administrative Court experience includes review of HM Customs & Excise powers of seizure; ambit of offensive weapon provisions; and judicial review of decisions by regulatory bodies not to investigate and the associated compatibility with the European Convention on Human Rights.

Richard has been retained by major UK film and music companies to advise and act in trading standards, copyright protection and on behalf of recording artists charged with criminal offences. He represented Cheryl Cole (Tweedy) at Kingston Crown Court on charges related to an alleged assault.

Regulatory crime and professional discipline

Richard has experience of representing corporations, directors and individuals facing a wide range of regulatory investigations and enforcement action. This includes DEFRA prosecution related to unlawful storage of pesticides and trade in ‘parallel products’. He has defended in a number of substantial video and computer software piracy cases.

Richard has previously acted in and advised on numerous police discipline tribunal hearings and  professional discipline tribunals including pharmacy and dental.

Commercial fraud, proceeds of crime and confiscation

Richard has acted and advised in a many fraud and corruption cases, including Revenue & Customs, VAT, duty and tax, Serious Fraud Office, unlawful deposit taking and fraudulent trading prosecutions.

He has Crown Court and High Court experience in Criminal Justice Act/ Drug Trafficking Act/ Proceeds of Crime Act confiscation actions, in particular, 3rd party interest proceedings, restraint of assets, certificates of inadequacy and appointment of receivers. He has been Instructed post trial in a number of substantial confiscation proceedings and has advised solicitors acting for FACT on assets restraint and confiscation.

Cases