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Health and Safety

 

The Chambers and Partners 2013 independent guide to the Bar describes how:

Famed crime set 2 Bedford Row is very well known in the health and safety sector, and fields a formidable team of specialists, backed up by a large stable of veteran criminal silks and juniors. One source called the set "a class chambers that set out its stall to become expert in this area and achieved its goal with ease." Solicitors praise the strength in depth on offer at an outfit that affords the client plenty of quality to choose from


The Guide goes on to recommend Queen’s Counsel and junior barristers as leaders in this field. The 2013 Legal 500 Guide to the Bar also lists 2 Bedford Row as a leading health and safety set, describing how chambers is noted for its prosecution work for the HSE, as well as its defence work” and, again, lists a number of Silks and juniors as individual leaders in this field.

 

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 health and safety team at 2 Bedford Row:

  • includes the co-author of the principal practitioners’ text in this field, Health and Safety Enforcement: Law and Practice (Oxford University Press, 3rd edition 2011) and the author of Blackstone’s Guide to the Corporate Manslaughter and Corporate Homicide Act 2007 (Oxford University Press);
  • includes Standing Counsel to the Health and Safety Executive (HSE) and to the Office of Rail Regulation (ORR);
  • 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. Tangerine Confectionery Ltd; Veliia ES Ltd [2011] EWCA Crim 2015; 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);
  • have been involved in the UK’s major health and safety prosecutions acting for both the prosecution and defence; 
  • have a real depth of experience in corporate manslaughter and individual gross negligence manslaughter having 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 have particular experience in offering advice at an early stage of investigation following a work related death; at and in respect of 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 under caution or as a witness; 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.