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Barrister - adam farrer

Senior Practice Manager
Andrew Trotter

Practice Group Clerks
Christopher Norman

Chief Executive and Director of Clerking
Tony McDaid

Tel: +44 (0) 845 210 5555
Fax: +44 (0) 121 606 1501
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Adam Farrer - Regulatory & Licensing

Experience before the Bar: 1989–1992 Articles/Solicitor with Eversheds in Birmingham, concentrating on commercial law.

Adam specialises in Health & Safety and Personal Injury work. His Health & Safety work consists of serious and complex cases.  Adam is equally at home prosecuting or defending cases. 

Adam is listed in the Chambers UK Bar Directory 2016/17 as a “Leader in their field” for Health and Safety work and in the Legal 500 as a Leading Junior for Regulatory/Health & Safety Work and Inquests & Inquiries.

Adam is on the Attorney General’s Specialist HSE and Environmental Law Panel “A” List on the Attorney General’s Civil (Junior Counsel to the Crown) Panel.  The Civil Panel encompasses civil work on behalf of Government departments and includes personal injury work, judicial review work and Inquests.

Adam over 20 years experience of conducting cases in the Crown Court and the Magistrates Court.  Adam covers cases on a national basis.

Adam finds that the Health & Safety and Personal Injury work compliment each other, with Adam regularly finding he is instructed to defend a company in a Health & Safety prosecution and then act in the inevitable Personal Injury claim.  In fatal accident cases this also extends to acting at the Inquest. 

Adam has acted in a substantial number of cases involving fatalities and serious injuries for and against Companies and section 37 HSWA prosecutions against directors. Adam has considerable experience of advising and appearing in cases arising from manufacturing machinery, construction, asbestos, gas, care homes and farming.  Adam has considerable experience of abuse of process applications in regulatory cases.

Inquest work is a specialist area of Adam practice.  Adam regularly appears in cases involving deaths in custody, military deaths and work related fatalities.

SELECTION OF RECENT CASES                                                       

Defence to a HSE Prosecution of a director (in his personal capacity for consent/neglect, section 37 HSWA) – Shrewsbury Crown Court – October 2017. The defendant was a builder contracted by a farmer to build a barn. The barn was located under high voltage power cables. The defendant’s cousin was working with him on the roof of the barn. He walked into the power cable and was killed. The farmer was also prosecuted (under the CDM Regulations) as the designer of the barn. Guilty pleas entered to section 3(1) offences relating to the risk of the power cables and work at height (no edge protection etc). Sentenced on the basis of high culpability. Sentenced to 6 months’ imprisonment suspended for 2 years, plus 200 hours’ unpaid work.

HSE Prosecution of Anixter Limited, Birmingham Crown Court, HHJ Henderson – October 2017. Guilty plea (indicated a few days prior to the trial) to a section 2(1) HSWA offence, where an employee sustained serious injuries (intensive care for 5 days) when he was crushed by a 1.5 tonne drum of steel cable as he attempted single handed to roll it down a ramp from the scales of a coil machine. He lost control of the drum and it rolled over him. The defendant accepted its system of work was unsafe. The Judge found that the harm risked of level ‘A’ (death or very serious injury), culpability and likelihood of harm risked were both found to be between medium and low.  Sentence imposed was a fine of £170,000 (15% credit for plea allowed) plus costs.

HSE Prosecution of Landowner Limited, Birmingham Crown Court, HHJ Laird QC – September 2017, 2-week trial, defendant pleaded guilty to a section 3(1) HSWA offence at the close of prosecution case after a submission of no case to answer failed. Defendant was developing a former industrial building into houses and offices. Fatal accident, when a painter fell from unsafe scaffolding. The defendant failed in its duty as the managing contractor to manage the site and scaffolding safely and the Judge found there was an element of cost cutting. Defendant was a micro company. Fine of £40,000 plus costs.

HSE Prosecution of United Lincolnshire Hospitals NHS Trust – Lincoln Crown Court, HHJ Heath – July 2017, 3-week trial, defence represented by a QC and junior. £1 million fine imposed. The Trust was convicted of an offence contrary to section 3(1) HSWA arising from a fatal accident involving a patient. Physiotherapy staff were working with the patient using an Arjo Encore Standing Aid Hoist to increase his mobility. Staff incorrectly used the machine, by removing the knee pad leaving a vertical metal post in place. The patient collapsed and fell onto the exposed metal post. The post penetrated his rectum, causing catastrophic internal injuries resulting in his death later that day. 

HHJ Heath found that the unsafe system was widespread and longstanding and the danger created by leaving the vertical post exposed was and should have been obvious. HHJ Heath found that the Trust’s culpability for the unsafe system was high. HHJ Heath found that the starting point for the financial penalty was £2.4million. However, given that a fine would affect its ability to perform its services to the public he reduced the fine to £1million, plus costs.

Defence to a HSE Prosecution of a partnership that owned a farm – Stafford Crown Court – March 2017, a 64 year old farm manager was killed when he fell through a fragile roof of a barn he was in the process of dismantling. Guilty pleas by the partnership and case committed to the Crown Court for sentence. The prosecution contended for very high culpability. HHJ Chambers found culpability as high, with medium likelihood of harm and after making an allowance for positive mitigation imposed a fine of £60,000 plus costs.

HSE Prosecution of Northumbria University – Newcastle Crown Court, HHJ Bindloss – January 2017, two second year Applied Sport Science students at the University volunteered during a class to take part in a practical exercise designed to measure the effects of caffeine on the body during exercise. The two students should have been given of 0.30grams and 0.32grams of caffeine respectively. However, due to errors in calculating the dose of caffeine made by the laboratory technicians, the two students were erroneously given some 30.7grams and 32grams of caffeine respectively. This was 100 times the correct dosage and almost double a potentially fatal dose. 

The two students suffered violent side effects within minutes of drinking the solution and required hospital treatment, including spending a number of days in intensive care and suffered life-threatening reactions.   Guilty plea to a section 3(1) HSWA offence.

HHJ Bindloss found the University was highly culpable, with a medium likelihood of level ‘A’ harm occurring, as a result of it not having in place any risk assessment for the caffeine exercise, failing to have a system to check the dose and failing to adequately train its staff. A fine in the sum of £400,000 (plus costs) was imposed. 

HSE Prosecution of Waltopia (a Bulgarian company) – Derby Crown Court, December 2016.  The company pleaded guilty to an offence contrary to regulation 4 (1) of the Work at Height Regulations 2005 and was fined £500,000 by the District Judge. The company appealed to the Crown Court. The appeal was rejected. The offence concerned unsafe work at height practices by employees whilst erecting an outdoor climbing facility. Employees were seen being lifted on a pallet on the forks of a telehandler. A member of the public reported the unsafe practice to the company. However, despite the warning the unsafe practice was repeated. A HSE Inspector subsequently attended and witnessed a number of employees working at height on a roof without any safety measures and climbing from the basket of a cherry picker onto the roof. The Court found the company to be highly culpable, with a high likelihood of level ‘A’ harm occurring.

HSE Prosecution of an alcohol and chemical distribution company - Wolverhampton Crown Court, HHJ Burbidge QC – August 2016, explosion and significant fire, when static electricity ignited vapour from ethyl acetate that was being filled into an IBC via a mobile dispensing unit.  An employee received burn injuries.  The fire spread rapidly, destroying the three-story warehouse and causing damage to cars and houses outside the defendant’s premises.  The fire burnt for 18 hours before being extinguished by the Fire Service.
The defendant pleaded guilty to section 2(1) and 3(1) HSWA offences and was fined £270,000, plus costs. Culpability was assessed as medium harm category 1, with high likelihood of harm and seriousness of harm as ‘A’. Failings included failing to ensure employees earthed the IBC in order to guard against the risk of static electricity igniting the vapour from the chemical, filling the IBC in an non-contained area and running a flexible hose through an open fire door in the Warehouse, which caused the rapid spread of the fire into the Warehouse containing a large quantity of chemicals. 

HSE Prosecution of a roofing company (the principal contractor) and a crane lifting company - Northampton Crown Court, HHJ Mayo – June 2016, fatal fall through a skylight on a fragile roof.  Both defendants pleaded guilty on the first day of the trial. The deceased worked for the crane company and was engaged in lifting roof sheets onto the fragile roof, without any safety equipment, such as roof boards.  The crane company pleaded to a section 2(1) offence and was fined £83,300 plus costs and the principal contractor pleaded guilty to a section 3(1) offence and was fined £104,250 plus costs.  The principal contractor failed to inform the crane company of the lack of safety measures on the roof and the crane company failed to perform an adequate survey of the fragile roof.

HSE Prosecution of a transport company – Derby Crown Court – May 2016, fatal crushing incident when an employee was crushed as he refueled his lorry by another employee reversing a tipper lorry. Judge found high culpability and high likelihood of harm. The defendant entered a guilty plea to a section 2(1) HSWA offence. The Judge rejected the defence argument that the 2016 Definitive Guideline should not apply to the case – based on the delay in the prosecution, which was caused by the Coroner’s  delay holding the Inquest.  Fine £300,000, plus costs of £50,000 (including the HSE’s Inquest costs). The defendant’s application for permission to appeal (opposed by the prosecution) was refused by the single Judge and then abandoned by the defendant shortly before the oral permission hearing.

Defence to a HSE Prosecution of a director and a Dairy Farm Company – Stafford Crown Court – January 2015, a 75 year old farm worker was killed by a Bull at a farm.  The system of work permitted employees to work within the enclosure with the Bull.  The Bull attacked the employee, causing injuries from which he later died.  The Company and director (section 37 prosecution) entered guilty pleas to section 2(1) HSWA and regulation 3(1) risk assessment offences. HHJ Eades observed that the defendants fell far below a safe standard and that it was dangerous for employees to work in proximity to a Bull.   HHJ Eades remarked that this case resulting in a fatality passes the custody threshold. The Company (£1.6 million turnover) was fined £140,000, plus £20,000 costs and the director was sentenced to 4 months imprisonment suspended for 12 months, plus £10,000 costs. 

HSE Prosecution of a Care Home Company (a charity owning 15 Care Homes) – Cardiff Crown Court – November 2014, fatal accident, when a 92 year old lady fell 7 metres from her first floor bedroom window, sustaining fatal injuries.  All windows in the Care Home were fitted with a restrictor.  However, the restrictor could be disengaged by pressing a spring as opposed to it being a fixed/lockable restrictor. The deceased disengaged the restrictor and accidentally fell from the fully open window.  The defendant entered a guilty plea to a section 3(1) HSWA offence but argued the breach was non-causative.  The basis of plea was not accepted and a 3 day trial of the issue was held.  The Judge rejected the defence basis of plea and found that the breach was causative of the death and that the defendant had failed to act on a warning from its Manger as to the danger posed by the overridable restrictors.   Fine £96,000 (£120,000 less 20% credit for the plea) plus costs of £100,000.

City Council Prosecution of a shop owner – Nottingham Crown Court – November 2014, propane gas explosion case.  The defendant Internet café owner used propane gas bottles and gas burners in the unventilated cellar of the shop.  He arranged for an unpaid helper to cook food in the cellar using the gas burners.  As a result of a build up of gas in the cellar there was an explosion when she attempted to light the burner causing her extensive burns to 45% of her body, resulting in permanent life changing scarring.  The building also suffered extensive structural damage.  The defendant pleaded guilty to a section 4(2) HSWA offence of failing to ensure cooking equipment used in the premises was safe.  He had ignored a warning from a neighbor not to use the gas burners in the cellar and he ignored warnings on the LPG bottles and the gas burners that they should only be used outdoors.   The defendant was sentenced to 6 months imprisonment suspended for 18 months, plus 240 hours community punishment.

HSE Inquest – Boston Coroners’ Court – October 2014 (4 days), arising from the death of a patient at Pilgrim Hospital whilst using an Encore standing aid hoist.  Physiotherapy staff had removed a knee support from the device in an incorrect way, leaving a vertical post exposed (whereas the complete mechanism should have been removed).  The patient collapsed and was impaled on the post by the rectum, resulting in his death.  The Jury found that the death was as a result of a tragic accident that occurred as a result of the misuse of the Encore hoist, through a lack of adequate formal training.

Defence to HSE prosecution of IBC Vehicles Limited in June 2014. Luton Crown Court. A crane operator was seriously injured whilst operating an overhead crane.  The control box was defective, resulting in the operator accidently operating the crane and pulling a 14 tonne die onto him causing crush injuries.  Guilty pleas to section 5 PUWER and regulation 8 of LOLER 1998 (failing to plan and supervise a lifting activity).  The Defendant was a very substantial/profitable company.  Fine kept to £155,000 plus costs.

HSE Prosecution of a West Midlands Travel Limited – Wolverhampton Crown Court – June 2014, a bus engineer was killed when he was attempting to push a bus in the bus depot.   Guilty pleas to section 2 HSWA and regulation 3 risk assessment offences.  Basis of the case was the lack of adequate supervision and risk assessment.  Fine of £150,000 plus costs. 
HSE Prosecution of a landlord – Derby Crown Court & Court of Appeal, November 2013, fatal gas case.  The defendant landlord failed to have the gas boiler at her rental property inspected or serviced over a 4 year period.  She pleaded to offences contrary to regulation 36(2) and 36(3)(a) of the Gas Safety (Installation and Use) Regulations 1998 arising from her failure to have an annual gas safety check and to have the appliances, including the gas boiler maintained.  As a result of the lack of maintenance the boiler emitted fatal levels of carbon monoxide, killing one of the tenants and resulting in hospital treatment for the other tenant and a neighbor (in the adjoining terraced house).  The defendant was sentenced to 16 months imprisonment suspended for 2 years, plus 200 hours community punishment, plus a fine of £4,000 and costs of £17,500.  The sentence of imprisonment was suspended due to the defendant’s personal circumstances, including her previous exemplary character, medical issues and the impact on her medical career.  The defendant’s appeal against sentence in relation to the financial penalties and suspended sentence was rejected by the Court of Appeal.
HSE Inquest – Boston Coroners’ Court – August 2013, arising from a fall from a window at Pilgrim Hospital.  Legal argument in relation to whether the Inquest should be adjourned until after the HSE prosecution of the NHS Trust, arising from the failure to maintain the window restrictors.  HM Coroner rejected the NHS Trust’s argument that the Inquest should be adjourned until the conclusion of the criminal proceedings.

The HSE Prosecution of a principal contractor and a scaffolding company – Worcester Crown Court – July 2013, fatal accident, but the prosecution were not able to prove that the fatality was caused by the defective scaffolding.  A contractor fell from scaffolding that had not been regularly inspected or adequately maintained by the scaffolding company.  Further, the principal contractor (who was the client and elected to also be the principal contractor) failed to monitor the activities of the scaffolding company and failed to detect that it had not been inspecting and maintaining the scaffolding as it should have been.  The scaffolding company pleaded guilty to a section 3 HSWA offence and a Work at Height Regulations offence and was fined £50,000 (plus £18,000 costs).  The principal contractor had a trial lasting 6 days.  The central issue in the trial was the scope of a principal contractor’s duty to mange sub-contractors on its construction site.   The principal contractor was convicted of a section 3 offence and fined £85,000 plus £50,000 costs.

High Court Judicial Review proceedings following a prosecution by a District Council of a hotel and its owner for food hygiene offences – July 2013.  The defendants sought to challenge the Crown Court sentence in relation to the level of the fines and costs by way of Judicial Review.  I acted for the local authority in settling the defence to the Judicial Review application.    The High Court dismissed the application and awarded the District Council its costs of £4,500.

HSE Prosecution of a NHS Hospital Trust – Wolverhampton Crown Court – October 2012, fatal accident, when an elderly patient fell from a first floor upper sash window, sustaining fatal injuries.  The Trust entered a guilty plea to a risk assessment offence but argued the breach was non-causative.  The basis of plea was not accepted and a 2 day trial of the issue was held, with prosecution and defence expert evidence called on the issue.  The Judge found in favour of the prosecution case, that the breach was causative of the death.   Fine £80,000 plus costs of £26,000.
Defence (to HSE Prosecution) – Derby Crown Court – June 2012, prosecution of a director under section 37 HSWA, relating to his neglect in permitting employees to be lifted on an unsafe lifting platform.  Two employees fell from the platform, sustaining serious injuries.  The Judge accepted the defence non-causative basis of plea. Guilty plea; fine of £5,000 plus £8,000 costs.  The offence carried a maximum sentence of 2 years imprisonment.

HSE Prosecution – Worcester Crown Court; 6 day trial – March 2012, prosecution of national Demolition Company and firm of Architect’s acting as planning supervisors, arising from failures to identify that a high voltage electricity cable was still live on a demolition site.  Serious injury caused to a demolition worker, when he attempted to cut the 11,000 volt live cable.  Architect’s pleaded guilty to section 3 offence (fined £20,000, plus £20,000 costs).  Demolition company, represented by a QC and junior were convicted (after a 6 day trial) of a section 2 offence and fined £40,000 plus £100,000 costs. 

HSE Prosecution – Court of Appeal & Lincoln Crown Court – November 2011, gas work offence by a company (that became insolvent) and its director personally.  The director was personally fined £2,000 plus costs of £41,000 (due to his unreasonable conduct and failure to comply with the Financial Circumstances Order requiring him to supply financial information to the Court).  The director appealed.  The Court of Appeal upheld his appeal and reduced the costs order to £25,000.  However, importantly the Court of Appeal accepted the principle that the test for proportionality of costs compared to a fine in regulatory cases is different to general criminal cases, due to the high cost of prosecuting regulatory cases and that the costs order is part of the overall punishment. 

HSE Prosecution – Leamington Crown Court – October 2011, fatal accident, when an employee at a cement factory died as a result of an explosion at its dust processing plant.  The explosion blew him through the building, causing him to fall over 30 feet.  The case was scientifically complex in relation to the cause of the explosion, resulting in a significant amount of scientific evidence.   The defendant company pleaded guilty to an offence contrary to regulation section 2(1) HSWA.  Fined £200,000 plus costs of £172,000.

HSE Prosecution – Leicester Crown Court – October 2011, fatal accident, when an employee was crushed by a 1.5 tonne steel structure that fell on him as he attempted to remove the lifting chains and  slings. The defendant failed to plan and supervise the complex lifting operation and failed to assess the competency of the employee to perform the lifting operation.  The defendant company pleaded guilty to an offence contrary to regulation section 2(1) HSWA.    Fined £180,000 plus costs of £47,500.

Defence – Local Authority Prosecution – Gloucester Crown Court – October 2011, fatal accident, when a foreign worker was electrocuted when he came into contact with an overhead power cable as he dismantled a marquee.  Appeared for the Company that organised the event and its managing director (section 37 prosecution).  Two other companies and another individual were also prosecuted.  The Company entered a guilty plea to a section 3(1) HSWA offence.  The case was discontinued against the director.  The plea was entered on a non-causative basis and a fine of £11,000 plus a contribution to the prosecution costs.

Inquest – HSE; Nottingham Coroner’s Court – June 2011, 8 day Inquest, acted for the HSE in relation to the death of a patient during an incident when he was restrained by Police Officers in Hospital.  The patient became volatile and confused and locked himself in a shower room.  Police Officers used force to extract him for the shower room, which ended in the patient’s death.

Defence – HSE Prosecution – Liverpool Crown Court – April 2011, fatal accident, when a mobile crane overturned crushing a steel worker.   Appeared for the crane operator (two companies also prosecuted), who was charged with a section 7 HSWA offence of failing to take reasonable care for the safety of other workers.  Guilty plea entered.  Fined £3,000 plus costs of £1,000.

HSE Prosecution – Shrewsbury Crown Court – December 2010, fatal accident, when a member of the public was struck on the head by an overhead power cable that had fallen from a connection to a house due to a failure by a power distribution company to maintain the connection.  The cable was hit by a car and whipped up and hit the 20 year old victim on the head.  The defendant (represented by a QC) pleaded guilty to an offence contrary to regulation 4(2) of the Electricity at Work Regulations 1989, but unsuccessfully argued that its breach was not causative of the death.  Fined £130,000 plus costs.

HSE Prosecution – Leicester Crown Court – December 2010, fatal accident, when an employee fell from an inadequately erected scaffolding tower.  Section 37 prosecution under section 2(1) HSWA against the sole director and regulation 4(1) of the Work at Height Regulations 2005, against the project manager.  Both defendants were of very limited means (director bankrupt), fine of £10,000 for director and £2,000 for the project manager.  The prosecution against the limited company was withdrawn due to its insolvency.

Prosecution for Harborough District Council – Leicester Crown Court – October 2010.  Serious accident casing an employee permanent leg injury, when she was run over by an electric vehicle in a national food company’s regional distribution centre. The defence ran an unsuccessful abuse of process application relating to HDC’s constitution and authority to bring the charges.  After the failed abuse application guilty pleas were entered to section 2 HSWA and regulation 3 of Management of Health & Safety at Work Regulations 1999.  Fined £80,000 plus costs.

Prosecution for OFSTED – Birmingham Magistrates Court – May 2010.  The defendant company was successfully prosecuted for running two unregistered children’s homes.  The defence ran an unsuccessful abuse of process argument in relation to the prosecution breaching Ofsted’s charging policy.  Fine and costs of £14,000 imposed.

Inquest – Trowbridge Coroner’s Court – April 2010, 10 day Inquest, acted for the MOD in relation to the deaths of three soldiers arising from a friendly fire incident in Afghanistan, when a British forward air controller and a US weapon systems operator from a US F15 fighter made errors in relation to the co-ordinates for a 500lbs bomb drop location.  This case involved sensitive public interest immunity issues in relation to US documents.

Appeal against a prohibition notice – Shrewsbury Employment Tribunal – March 2010, acted for the HSE opposing the appeal against a prohibition notice (issued against a bouncy castle inspector).  The appeal failed and the PN remained in place, plus costs of £10,000.

Defence Fraud – Birmingham Crown Court – July 2009, DBERR prosecution of a chartered accountant, charged with providing a fraudulent declaration of solvency in respect of a company takeover.  The (alleged) fraud was worth over £750,000.  The defendant was acquitted following a successful abuse of process application.  The trial Judge accepted that the defendant could not receive a fair trial due to the destruction relevant documentary evidence by the liquidator.

Inquest – Sunderland Coroner’s Court – March 2009, 6 week Inquest, acting for the MOD in relation to the deaths of two submariners arising from an explosion of a self contained oxygen generator on HMS Tireless, whilst on an under ice operation near Alaska.  The case had a substantial volume of technical and scientific evidence, including from NASA.

HSE Prosecution – Nottingham Crown Court – December 2008, serious accident, when two employees were rendered unconscious (and required hospital treatment for a number of days) as a result of exposure to hydrogen sulphide and carbon dioxide when dealing with a blockage (whilst working at height) at a feather processing plant. Guilty pleas to section 2 HSWA and regulation 3 of Management of Health & Safety at Work Regulations 1999.  Fined £100,000 plus costs.

HSE Prosecution – Lincoln Crown Court – June 2008, fatal accident, when an employee fell from the load of a lorry trailer, regulations 3 and 5 of Management of Health & Safety at Work Regulations 1999.  Case was a 2-week jury trial resulting in convictions.  Fined £100,000 plus costs of £55,000.

Defence – Kidderminster Magistrates Court – September 2008, environmental noise case, breach of a noise abatement notice by a recycling company.  Guilty plea to 2 of 6 charges.  Fine of £8,000, plus costs.

HSE Prosecution – Stafford Crown Court – June 2008, fatal accident, when a large gate fell on an employee as he attempted to close it, regulation 5(1) of the Workplace (Health, Safety & Welfare) Regulations 1992 prosecution.  Complex expert engineering issues relating to causation of the failure of the gates.  Fined £35,000 plus costs.

HSE Prosecution – Shrewsbury Crown Court – March 2008, fatal accident (though causation of death not proved) of an elderly resident in a care home arising from the collapse of a bed guard, section 3 HSWA prosecution.  Complex issues surrounding the corporate structure of the defendant company, requiring forensic accounts evidence.  Fined £35,000 plus costs of £33,000.

HSE Prosecution – Nottingham Crown Court – December 2007, serious injuries arising from a fall from height at a construction site, section 3 and Work at Height Regulations 2005 offences.  Two defendant companies (the “employer” of the agency worker and the contracting company), fined £60,000 and £20,000, plus costs.

HSE Prosecution – Stoke on Trent Crown Court – March 2007, serious factory accident involving a fall through a fragile roof.  Two defendants, the employer and the factory owner (section 2 and section 3 offences).  A three-day Newton hearing was held due to an unacceptable basis of plea from one of the defendants.  Sentence: fines of £60,000 and £20,000 plus costs.

Defence – Derby Crown Court – December 2007, fatal accident arising from a fall from height, section 37 prosecution of the managing director.  Guilty plea.  Compensation order of £21,000 imposed, no fine or costs (the company did not have any liability insurance).

HSE Prosecution – Stoke on Trent Crown Court – July 2006, serious factory accident involving a failure to guard a tyre de-treading machine (regulation 11(1) of the Provision & Use of Work Equipment Regulations 1998).  The defendant company had shortened the machine’s discharge chute and removed a fixed guard.  An employee had two fingers amputated.  Committal for Sentence, fine of £100,000.

HSE Prosecution – Coventry Crown Court – August 2006, serious factory accident involving a shot-blasting machine.  There was a failure to devise a safe system of work in relation to cleaning and maintenance of the machine, resulting in amputation of leg above knee, section 2 HSWA (and failure to perform risk assessment) prosecution.  Committal for Sentence, fine of £60,000.

Inquest & Prosecution – Hull – January & September 2006, fatal forklift truck accident.  Acted for the company and its Managing Director who were prosecuted for breach of sections 2 and 3 HSWA (plus specific breaches of regulations).  Company fined £50,000 and the Managing Director was fined £10,000.

Inquest - Defence and Personal Injury claim & Birmingham Crown Court – April 2006, fatal lifting crane accident, section 2 HSWA prosecution.  Fine £150,000.


‘His unruffled yet shrewd style gets results.’
Legal 500 2017







Year of Birth: 1967.

Interests: golf, tennis & skiing.                                     


Christopher Norman
Tel: 0117 917 8503

Andrew Trotter
Tel: 0121 606 5902

July 2017