Health & Safety

Chambers has a commanding presence in Health & Safety.

Chambers & Partners 2014

Our barristers offers unparalleled experience and service throughout the Health & Safety field.

Chambers specialist Health & Safety team are regularly advising employers, companies, directors, individuals and public bodies on all aspects of health & safety enforcement, including:

  • Corporate manslaughter and gross negligence manslaughter; company, directors, employer and employee criminal liability;
  • 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 & safety and police, the exercise of statutory powers under the Health & Safety at Work Act 1974 (HSWA) and invitations to be interviewed under caution;
  • Breach of HSWA and health & safety regulations, including: Construction (Design and Management) Regulations; risk assessment provisions; landlord’s gas safety;
  • 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 & safety team have been involved in high profile cases relating to:

  • Oil & Gas
  • Nuclear
  • Gas supply
  • Construction
  • Railway
  • Hotel, Catering & Leisure
  • Retail

The Health & Safety team at 2 Bedford Row:

  • Includes the co-author of the principal practitioners’ text in this field, Health & 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 & Safety Executive (HSE) and to the Office of Rail Regulation (ORR);
  • Have appeared in the leading House of Lords decision on health & 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 & 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 & 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.

The Chambers & Partners 2015 independent guide to the Bar describes how:

“This heavyweight criminal set has the volume, expertise and numbers to make a strong impact in the health and safety sector. It handles an equal mix of prosecution and defence work, and is well known for its involvement in complex and high-profile cases.”

The Guide goes on to recommend the Queen’s Counsel and junior barristers as leaders in this field.

Contact information

For further information and enquiries please contact our clerks team.

+44 (0)20 7440 8888

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