Health & Safety

Our barristers offer “unrivalled expertise in Health & Safety and Crime”.

Reflecting previous awards and nominations for Health and Safety Set of the Year, Health and Safety Silk of the Year, and Health and Safety Junior of the year, 2BR H&S barristers offer an unparalleled combination of experience in the field of Health & Safety law and practice together with a formidable reputation for first-class Criminal Advocacy. 2BR H&S’s barristers offer expertise across an ever-expanding range of sectors including the leisure, residential, retail, construction, manufacturing, agricultural, real estate, hospitality, healthcare, transport, recycling, entertainment, tech, and nuclear industries.

The 2 Bedford Row team have been involved in all the UK’s major health & safety cases of the past few years, acting for both the defence and prosecution, and for interested parties including:

• The Grenfell Tower Inquiry
• The Hillsborough Inquests and subsequent Duckenfield Prosecutions
• The Lakanal Super-Inquest
• The Buncefield Disaster

Members of Chambers have similarly appeared in important authorities in the field:

• HSE v Sellafield [2014] EWCA Crim 49: Pre-guideline authority for sentencing Very Large Organisations.
• HSE v Bupa [2019] EWCA Crim 1691: Approach to sentencing subsidiary companies of Very Large Organisations.
• Millmore & Others v Environment Agency [2019] EWHC 443 (Admin): Approach to be taken to allegations of obstruction of regulatory powers.
• R (ex parte Southwark Borough Council) v LFEPA [2016] EWHC 1701 (Admin): Impact of an inquest jury’s narrative conclusion on the approach to be taken in any subsequent prosecution.

For details of many other well-publicised cases undertaken by members of Chambers, please consult their individual health and safety profiles. Our specialist barristers advise employers, companies, company directors, individuals and public bodies including Local Authorities on all aspects of health & safety enforcement, and at every stage of proceedings including:

• Advice at an early stage of the investigation following a work-related death,
• Response to investigation by HSE, Office for Rail and Road (ORR), Environment Agency (EA), Local Authority Environmental and Health & Safety enforcement, and Police, including the exercise of statutory powers under HSWA and invitations to be interviewed under caution,
• Response to Notices of Contravention and Fee for Intervention (FFI), including appeals,
• Response to Prohibition and Improvement Notices including written appeals and representation at the Employment Tribunal,
• Appearance at inquest on behalf of interested parties,
• Breaches of the Health and Safety at Work etc. Act 1974 (HSWA) and associated Health & Safety Regulations,
• Corporate and Gross Negligence Manslaughter cases concerning companies, director and manager criminal liability arising from health and safety breaches,
• Representation at the Crown and Magistrates’ Courts; Summary and Jury Trials, Plea and Sentencing Hearings,
• Appeals to the Court of Appeal and the High Court,
• Enforcement under the Regulatory Reform (Fire Safety Order) 2005 acting for companies, individuals and fire and rescue authorities, in respect of fire safety enforcement notices, appeals and prosecutions for breaches of fire safety.

For many years 2 Bedford Row has been ranked as a leading health and safety set in Chambers UK Bar and Legal 500 – the two leading independent guides to the Bar:

“Instructing solicitors praise 2 Bedford Row as a go-to set for health and safety matters, noting that the Chambers “offers a real breadth and depth of expertise in this area.” Members are particularly experienced in the prosecution and defence of corporate manslaughter and individual gross negligence manslaughter cases and have recently been instructed in matters arising from construction deaths and rail accidents. The team is also regularly called upon to act for and advise clients on cases involving the Regulatory Reform Act and complex prosecutions relating to breaches of fire safety. The set’s enviable client list includes major corporations and their directors, as well as the HSE, the ORR and fire and rescue authorities.” Chambers UK Bar 2021

“Strong in the field of health and safety thanks to its ‘strength in depth’ of counsel…2 Bedford Row has particular expertise in health and safety enforcement work, including corporate and involuntary manslaughter, particularly in the construction and transport industries.” Legal 500 2020

“Demonstrating real strength in depth, 2 Bedford Row is ‘one of the most respected and established criminal sets’ in the country and is able to take on the most serious of cases. However, it is also particularly strong in regulatory and health and safety matters thanks to its ‘A-list collection’ of advocates.” Legal 500 2019

2BR boasts both KCs and Junior Barristers ranked for their expertise in Health and Safety. In 2019 Chambers was awarded ‘Health & Safety Set of the Year’ by Chambers & Partners. Jim Sturman KC and Christine Agnew KC have been nominated as ‘Health & Safety Silk of the Year’.

As the leading criminal set in the country all members of the group are experienced specialist criminal advocates and well placed to ensure the best outcome and service for clients. Many individual members are highly ranked in both the fields of Health and Safety and Crime and 9 members of the group are on the list of specialist regulatory advocates.

2BR are pleased to offer lectures to instructing solicitors and their clients on developments in Health and Safety and Fire Safety law and practice.  If you would like further details or would like to book a seminar (either in person or remotely) please contact Chambers’ Health and Safety specialist clerk, Deputy Senior Clerk Paul Rodgers.

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