Notable Cases
Civil
Zelcowicz – v – Zelcowicz (2009) – High Court
Case involving catastrophic injuries to a child in a Road Traffic Accident. Damages running into seven figures and involving a lifetime Periodical Payment Order.
Couzens (Appellant) -v- The McGee Group (Respondent) [2009] Court of Appeal
Successfully defending the Claimant’s appeal to the Court of Appeal who upheld Respondent’s case that an employer’s knowledge of the use of work equipment is necessary for strict liability to be imposed under the Provision and Use of Work Equipment Regulations 1998
Ringer –v- MAPS Properties Limited (2008) – Norwich County Court
Successfully defending at trial a claim brought by a Claimant care assistance who had claimed damages for personal injury arising from an incident involving the moving of a bed from a wall – Manual Handling Operations Regulations 1992 (as amended).
Couzens -v- T. McGee & Co (2008) – Wandsworth County Court
Successfully defending at trial a claim brought by a Claimant HGV involved in an RTA – Provision and Use of Work Equipment Regulations 1998/ Management of Health and Safety at Work Regulations 1999.
Miah – v – Thorne Barton Estates Ltd - (2007) High Court
Case involving catastrophic brain injuries resulting in a fall from scaffolding. Damages running into seven figures and involving a lifetime Periodical Payment Order.
Peries -v- Thames Water Utilities Limited (2007) - Brentford County Court
Successfully defending at trial a claim brought by a resident who had tripped over a manhole cover located on private property – Thames Water Utilities Limited held not liable for breach of duty of care so as to pay damages for personal injuries for an access cover situated on private land, which presented a danger as a result of the erosion of the ground surrounding it.
Stephen Tame v Professional Cycle Marketing Ltd – (2006) High Court Lawtel 19 December 2006
Damages running into seven figures for catastrophic brain injuries resulting from the claimants fall from height during the course of his employment whilst working on a platform.
Gallichan -v- Premier Foods Plc – (2006) Norwich County Court
Successfully defending at trial a claim brought a Claimant employee who had been run over by a passing employee on a bicycle not in the course of his employment.
Roach -v- (1) Canute Haulage (2) Tarmac Topblock Ltd – (2006) Manchester County Court
Successfully defending at trial a claim brought by a Claimant HGV driver who had fallen off the top of his vehicle whilst delivering goods to a third party site - Management of Health and Safety at Work Regulations 1999.
Murphy -v- Circle Britannia - (2005) Mayor & City of London County Court
Successfully defending at trial a claim brought by an employee roofer who fell of a building whilst working at height - Management of Health and Safety at Work Regulations 1999.
Brookes -v- A. Day Services Limited – (2005) Luton County Court
Successfully defending at trial a claim brought by a Claimant visitor to a waste disposal site who slipped on uneven ground.
Java Oil -v- Harold Sullivan III - (2005) Supreme Court of Gibraltar
Successfully establishing both jurisdiction in Gibraltar over a Los Angeles resident and obtaining liability against him under Section 51 of the Supreme Court Act for the costs incurred in a previous action in which he had assisted the unsuccessful claimant
Laycock – v – Java Oil (2004) Supreme Court of Gibraltar
Successful dismissal of a claim for serious personal injuries on the basis that the evidence of the claim was fraudulently obtained.
Sains -v- Trojan Rose - (2002) Brighton County Court
Successfully defending at trial a claim brought by an employee of a scaffolding firm who fell of a building whilst working at height - Management of Health and Safety at Work Regulations 1999.
Criminal/Regulatory
Tebay Rail Disaster (2002)
Representing a suspect in multiple death police investigation relating to a rail accident.
HSE -v- Mungovern - (2004) Central Criminal Court (Old Bailey)
Representing a national employment agency in a Health & Safety Executive Prosecution arising from a death on the railways.
R v Afford Luton Crown Court 1998
Acted for train driver involved in the Watford train crash of 1996 acquitted of manslaughter.
R v O’Neil and another Old Bailey 1998
Case concerned a faulty boiler. Represented senior manager of housing association acquitted of manslaughter of tenant.
R v Great Western Trains and Harrison Old Bailey 1999
Acted for train driver involved in the Southall train crash of 1997 acquitted of manslaughter and a breach of s7 Health and Safety at Work Act 1974.
Railway Industry Public Inquiries 1999/2000
The Southall Rail Accident Inquiry – Professor Uff (1999)
The Ladbroke Grove Rail Inquiry, Parts I and II – Lord Cullen (2000)
The Joint Inquiry into Train Protection Systems – Lord Cullen and Professor Uff (2000)
Inquiry of the Corporation of London and Inquest into the Death of Amelia Ward 2002
Represented teacher who organized school trip abroad where pupil died in abseiling accident in 2001.
R v DPP ex p Metcalf 2002
Judicial review of decision not to prosecute the Greater Manchester Fire Authority for manslaughter in relation to the death of Firefighter Paul Metcalf in 1999.
R v London Borough of Havering 2003
L B of Havering was fined £75,000 for a breach of s3 Health and Safety at Work Act 1974 when a 6 year old girl died in one of its swimming pools. Acted for manager of the Authority’s leisure centre where incident occurred during manslaughter and HSE investigation. No action taken against him.
R v Network Rail, Balfour Beatty Rail Infrastructure Services Ltd and others Old Bailey 2005 and
R v Balfour Beatty Rail Infrastructure Services Ltd [2007] 1 Cr App R (S) 65 [2007] Bus LR 77
Prosecution related to the Hatfield train derailment of 2000. Acted for the railway maintenance arm of Balfour Beatty. Company pleaded guilty to a breach of s3 Health and Safety at Work Act 1974 after being acquitted of manslaughter following a six month contested trial. In the appeal against sentence the fine of £10m imposed by the trial judge was reduced to £7.5m.
R v Balfour Beatty Rail Infrastructure Services Ltd Winchester Crown Court 2007
Prosecution for breaches of sections 2 and 3 Heath and Safety at Work Act 1974 following the electrocution of a lookout during maintenance of the conductor rail while energized. Breaches over a four year period. Successfully argued the death was not an aggravating feature. Prosecution did not proceed with s3 charge. Company fined £180,000 for breach of s2.
R v P Ltd & G [2007] All ER (D) 173 (Jul) (CA)
Represented the managing director G in the leading case upon directors’ health and safety duties. G was acquitted of charges of breaching s37 Health and Safety at Work Act 1974. Case related to the death of a child at a port.
R v First Capital East Ltd Croydon Crown Court 2008
Acted for major bus company which pleaded guilty to s2 Health and Safety at Work Act 1974 in relation to the death of an employee maintenance engineer at one of its depots. Defeated an argument by prosecutor that there was financial motivation for the offending. Company fined £120,000.
R v Barnes Maidstone Crown Court 1994
Represented the train driver of the freight train involved in the train crash at Maidstone East train station of 1993 who was charged with endangering passengers’ lives and criminal damage.
R v Peckham Old Bailey 1994
Represented the train driver of the passenger train involved in the Tattenhan Corner train crash in 1993 who was charged with endangering passengers’ lives and criminal damage.
Mountjoy and others v Bernard Matthews at Norwich County Court 1993
RSI test cases