2 Bedford Row

2 Bedford Row's success in this area has been recognised by the legal community in general and the legal press in particular, Chambers and Partners 2010 commenting as follows:

"This set's famed criminal law expertise lends it an edge when it comes to health and safety work. Its members are hardened courtroom performers who produce muscular performances when on their feet. Although feared and renowned prosecutors, thay are also making waves in the defence market. The transport and construction sectors are particularly strong areas of focus, but such is its depth that the group is well capable of handling any health and safety matter, whatever its provenance."

2 Bedford Row’s specialist health and safety team offers unparelleled experience and service throughout the field, advising employers, companies, directors, individuals and public bodies on all aspects of health and safety enforcement, including: 

• Response to and appeals of prohibition and improvement notices; representation at the Employment Tribunal on notice appeals;
• Advice following work related deaths and representation at inquests;
• Response to investigation by HSE, Office for Rail Regulation (ORR) local environmental health/ health and safety and police, the exercise of statutory powers under the Health and Safety at Work Act 1974 (HSWA) and invitations to be interviewed under caution.
• Breach of HSWA and health and safety regulations, including Construction (Design and Management) Regulations; risk assessment provisions; and landlord’s gas safety;
• Corporate Manslaughter and gross negligence manslaughter; company, directors, employer and employee criminal liability;
• Representation at the Magistrates’ Court and Crown Court; jury trials and sentencing;
• The Regulatory Reform (Fire Safety Order) 2005; fire safety enforcement; breaches of the Order, enforcement notices, appeals, advice and representation

Members of the 2 Bedford Row specialist health and safety team have been involved in high profile cases relating to:

• oil and gas;
• nuclear;
• gas supply;
• construction;
• railway and rail maintenance;
• hotel, catering and leisure industries; and
• the retail trade. 

The team includes Standing Counsel to the Health and Safety Executive (HSE) and to the Office of Rail Regulation (ORR). The team has real depth of experience in corporate manslaughter and individual gross negligence manslaughter.  Members have appeared for prosecution and defence in high profile cases in this field, particularly arising from rail accidents, construction deaths, landlord’s gas safety and those involving uniformed/ emergency services.

Members of the team have appeared in the leading House of Lords decision on health and safety,  R. v. Chargot [2008] UKHL 73, (the scope of the duties under HSWA, director’s liability and ‘reasonable practicability’) and many of the leading Court of Appeal authorities concerned both with liability of employers and company directors (R. v. HTM [2007] 2 All ER 665; R. v. P [2008] ICR 96) and with sentence (R. v. Colthrop Board Mills [2002] 2Cr.App.R.(S.) 79; R. v. Transco Plc [2006] 2 Cr.App.R.(S.) 740; R. v. Friskies Petcare (UK) Ltd [2002] 2 Cr App R 401)

The team includes the co-authors of the leading practitioner text Health and Safety Enforcement: Law and Practice (Oxford University Press) and the author of Blackstone’s Guide to the Corporate Manslaughter and Corporate Homicide Act 2007 (Oxford University Press); Standing Counsel to the HSE and the Office for Rail Regulation.

We have particular experience in offering advice at an early stage of investigation following a work related death; at and for inquests; where corporations or individuals are subject to compulsory powers under section 20 Health and Safety at Work etc Act 1974; following an invitation to be interviewed; and following the service of an improvement/ prohibition notice.

The team has particular experience of the Regulatory Reform (Fire Safety Order) 2005 and have advised and acted for fire and rescue authorities, companies and individuals in respect of fire safety enforcement notices, appeals and prosecutions for breaches of fire safety.