To consider R (ORR) v. WH Malcolm Ltd at first instance and in the Court of Appeal (Criminal Division)
Wednesday, 11 January 2023
17.30 – 18.15
Outer Temple Chambers
222 Strand, Temple, London WC2R 1BA
The HSLA invites you to a member event with David Travers KC, Ben Compton KC, and James Leonard.
The panel will discuss R (ORR) v. WH Malcolm Ltd. The death of an 11-year-old boy who obtained access to a private rail siding outside the Daventry International Rail Freight Terminal in Northamptonshire led to a first instance trial resulting in a £6.5 million fine. This is thought to be the largest health and safety fine in over two decades. The case went to the Court of Appeal (Criminal Division) and the Court upheld the Trial Judge’s approach to the Sentencing Council’s Guideline Health and Safety offences.
This will be a hybrid face-to-face event and we hope that it will be an opportunity for members to get together. However, spaces to attend in person are limited, so please book your place asap.
Programme: 1700 – 2000
1700 Registration and refreshments
1730-1815 Presentation and Q&A
1815-2000 Networking and drinks reception
Introduction:
Colin Moore Member of the HSLA Events Committee
Speakers:
David Travers KC Gough Square Chambers
Ben Compton KC Outer Temple Chambers
James Leonard Outer Temple Chambers
Speakers’ biographies:
David Travers KC
Gough Square Chambers
David has a wide regulatory practice spanning Health & Safety (including Transport, Construction and Fire Safety); Environmental Law (including pollution, permitting and transfrontier shipment, and nuclear regulation); Consumer Protection (including Product Liability & Recall, Food Safety, and Trading Standards); and related Public Law (including issues related to the lawfulness of decision-making by public bodies).
He has extensive experience as an advocate and has appeared for clients in civil and criminal courts at every level and in public inquiries, inquests, arbitrations, and mediations.
David is recommended in his practice areas by the main independent directories including:-
• Health and Safety (Band 1), Consumer Law (Band 1), Environmental Law (Band 2), Inquests & Inquiries (Band 3), and Local Government (Band 4) [by Legal 500]
• Health and Safety (Band 2), Consumer Law (Band 1), Environmental Law (Band 2), and Life Sciences (Spotlight table) [by Chambers and Partners]
• Health and Safety, and Environmental Law [by Best Lawyers (US based)]
• Environmental Law [by Who’s Who Legal]
His favourite directory quotation is by whoever said: “A silent assassin with a huge brain.” His second favourite is the commentator who said: “Behind a jovial exterior lurks an apparently sharp intellect” (sic).
Most of David’s health and safety work involves fatalities.
He has experience of corporate manslaughter and gross negligence manslaughter. He defended in Gillian Beckingham, the Local Authority architect from Barrow in Furness accused of multiple counts of manslaughter and health and safety offences after the largest outbreak of Legionnaires Disease in Europe.
More recently, David acted at the Old Bailey for Martinisation (London) Limited after the company was carrying out renovations to an apartment in Knightsbridge and two members of the workforce fell to their deaths when a balcony collapsed as they lifted furniture over it. He also advised one of the core participants in the Grenfell Tower Inquiry.
In the rail sector, in addition to prosecuting W H Malcolm Ltd for the ORR, he prosecuted Renown Railway Services Limited after the death of a young employee of a contractor arising from wholly inadequate management of fatigue.
David is currently involved in a number of complex appeals against enforcement notices and appeared for the Coal Authority at the hearing in to determine whether the inquests following the Gleision Mine tragedy should be resumed.
A more detailed biography is at: https://goughsq.co.uk/barrister/david-travers-kc/.
Ben Compton KC
Outer Temple Chambers
He is recognised as one of the country’s leading health & safety law barristers, ranked in Band 1 by Chambers & Partners, and in 2015 he was awarded the accolade of “Health & Safety Silk of the Year” at the Chambers & Partners Bar Awards. He is described by them as: “An outstanding silk. He explains client strategy effectively and he’s always on top of the brief.” “He’s absolutely phenomenal – he’s extremely good on his feet and really good tactically.” “He’s immensely experienced and has a fantastic manner with clients.”
Ben is also ranked by Legal 500, described as “a delight to work with and is an absolute star performer in court. Ben is engaged, strategic and willing to roll his sleeves up and think about tactics, which is greatly appreciated by clients. However, it is in court where Ben’s skill as an advocate really shines through. I have never seen anyone hold the attention of a courtroom like Ben Compton.”
The vast majority of Ben’s health and safety practice is spent representing corporate defendants and company directors and employees in complex workplace accidents, be they on land or at sea, which result in fatalities or serious injuries. His clients have included some of the country’s leading, corporations, retailers, construction companies, care homes, leisure companies and public bodies.
He is currently instructed in a number of leading cases including the principal contractor in the Grenfell fire tragedy, the explosives contractors in the Didcot power station collapse and Beko in the forthcoming inquest concerning the deaths of a number of individuals from carbon monoxide poisoning from their cookers. He has also been retained by the controlling port company in relation to the 39 Vietnamese nationals who died in the back of a haulage lorry and is also instructed on behalf of WH Malcolm in the ORR prosecution following an electrocution of a boy at the Daventry International Railway Freight Terminal.
James Leonard
Outer Temple Chambers
James’ Health & Safety and Environmental work leads to appearances in Courts at every level, but his caseload includes the most serious cases. They invariably involve fatalities in the workplace, allegations of gross negligence manslaughter and offences under the Corporate Manslaughter and Corporate Homicide Act 2007.
He represents nationally known companies (including Comet Group PLC, Sainsbury Group, Dyfed Steels Ltd, RWE Npower PLC, Western Power Distribution PLC, Virgin Media Group, BOC (UK) Ltd, BFK Joint Venture on the Crossrail project, Babcock DSG Ltd, Barratt Developments PLC, Toppesfield Ltd, ConocoPhilips (U.K.) Ltd, British Airways PLC, British Car Auctions Ltd and British Land PLC) as well as smaller limited companies and their directors.
His most recent work includes representing British Airways PLC in respect of a prosecution arising out of a serious baggage hall accident at Heathrow’s T5, successfully defending a company director in Preston Crown Court on a s37 charge arising out of a fatal accident and successfully defending a demolition company Director for Gross Negligence Manslaughter at the Central Criminal Court.
James is one of only two Counsel in England and Wales who has ‘Star’ status afforded to him by Chambers and Partners UK Bar Guide 2022 in the law of Health and Safety.
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Bookings
Bookings are closed for this event.
