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UID:52@hsla.org.uk
DTSTART:20210720T173000Z
DTEND:20210720T184500Z
DTSTAMP:20210617T094316Z
URL:https://hsla.org.uk/events/the-lost-cause-the-bosley-mill-explosion-tr
 ial/
SUMMARY:The Lost Cause? The Bosley Mill Explosion Trial
DESCRIPTION:Dominic Kay QC\, Simon Antrobus QC \, Malcolm Galloway and Mark
  Balysz from Crown Office Chambers provide an insight into the legal argum
 ents and strategy that led to the dismissal of the 8 manslaughter charges 
 in this case\, together with the eventual collapse of the trial of two of 
 the company’s “managers”.\nThey will chart the way in which one of t
 he largest health and safety trials of the last few years\, taking place a
 t a Nightingale Court for 3 months in Chester\, came to such an intense co
 nclusion\, following a successful submission of no case to answer and then
  (within a week) a successful defence of that ruling before the Court of A
 ppeal: R. v. Wood Treatment Ltd &amp\; George Boden [2021] EWCA Crim 618.\
 nThe talk will focus on the catalyst for this surprising conclusion\, name
 ly the issue of causation\, examining the criminal law approach towards ca
 usation\, principally concerning manslaughter but also with application to
  health and safety prosecutions more generally\, and sentencing. The trial
  involved the company\, its managing director and two managers\, and this 
 talk will also consider the complicated legal issues relating to the paras
 itic offences under s.37 HSWA 1974 for those with perceived managerial res
 ponsibility within the business. It was a trial that managed to encapsulat
 e the broad spectrum of issues that arise in safety-related prosecutions\,
  and the strategy of dealing with such matters in a multi-defendant case w
 ill be examined in conjunction with the legal issues.\n\n\n\n\n\nSpeakers
 ’ biographies:\n\n\n\nDominic Kay QC\n\nDominic is recognised as one of 
 the country’s leading QCs in defending criminal regulatory proceedings. 
 He was named Health &amp\; Safety Silk of the Year at the 2020 Bar Awards.
  Dominic has represented some of the UK’s largest and best-known compani
 es across a wide variety of sectors including construction\, retail\, heal
 thcare\, transport\, automotive and manufacturing. He has particular and e
 xtensive expertise in defending corporate and individual manslaughter pros
 ecutions. In the Bosley Mill case\, together with Harry Vann he represente
 d the First Defendant\, Wood Treatment Limited\, which was charged with fo
 ur counts of corporate manslaughter together with a breach of s.2 HSWA.\n\
 n\n\n\nSimon Antrobus QC\n\nSimon has been one of the leading practitioner
 s in the field of criminal health and safety law for the last 20 years. He
  has defended in the largest and highest profile cases\, such as the Bunce
 field oil terminal explosion\, the Alton Towers Smiler rollercoaster colli
 sion\, the Pembroke oil refinery explosion\, and the recent Hillsborough c
 riminal trial. He represented the managing director of WTL\, George Boden\
 , who was facing 4 counts of manslaughter and one s.37 HSWA 1974 Act offen
 ce in the Bosley Mill trial\, leading Sandesh Singh from chambers.\n\n\n\n
 \nMalcolm Galloway\n\n\nMalcolm is described by the directories as ‘a gr
 eat jury advocate\, who is very\, very personable and extremely sharp’. 
 A past nominee for the Chambers and Partners “Health and Safety Junior o
 f the Year” award\, he is regularly instructed in complex and high profi
 le health and safety investigations including Gross Negligence Manslaughte
 r\, Corporate Manslaughter. He has represented numerous corporate clients 
 including\, DHL\, the NEC Birmingham\, South Wales Police\, Mitchells and 
 Butler and Flybe. In the Bosley Mill trial\, together with Lucy Wright (Li
 ncoln House Chambers)\, he represented the Mill Manager charged with breac
 h of s.37 HSWA.\n\n\n\nMark Balysz\n\nMark Balysz is one of the country’
 s leading criminal regulatory advocates with an established record of succ
 essfully defending directors and companies\, including the largest global 
 organisations.  He was named Health and Safety Junior of the Year at the 
 2016 and 2020 Bar Awards.  Mark has recently secured acquittals for three
  directors charged with manslaughter (R v M\; R v L\; R v D) and in 2021/2
 2 he is instructed\, as leader\, to defend two companies charged with corp
 orate manslaughter and a director charged with gross negligence manslaught
 er.  In the Bosley Mill trial\, together with Mike Atkins\, he represente
 d the Operations Executive Manager charged with breach of s.37 HSWA.\n\n\n
 \n\nEvent timing\nWebinar Host Amy Sadro\, HSLA Vice Secretary and Membe
 r of the HSLA Events Committee\n\n5.30 pm-6.30 pm – introduction and sem
 inar\;\n\n6.30 pm-6.45 pm – Q and A followed by close.\n\n\n\nDates for 
 your diary:\n\n23 September 2021 – Late Summer Party: seminar and social
  – the seminar will be offered both by Zoom and attending at Osborn Clar
 ke’s offices at One London Wall\, Barbican\, London.\n\n26 November 2021
  – Annual Conference and Dinner – this year the Annual Conference will
  be offered remotely by Zoom and at Fishmongers Hall where you can also at
 tend the annual dinner.
CATEGORIES:Online
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