Lincoln House Chambers Fri, 21 Apr 2017 08:27:53 +0000 en-US hourly 1 Abigail Holt succeeds in obtaining compensation for the Estate of an asbestos-related pleural thickening victim. Fri, 21 Apr 2017 08:27:53 +0000 Read more]]> The Judge awarded damages against DEFRA for a marine engineer exposed to asbestos whilst working on government research ships in the 1950’s through to the 1980’s, following the authority of Jeromson [2001] EWCA Civ 101 and distinguishing the case from the line of authorities following the case of Williams v University of Birmingham [2011] EWCA Civ 1242.

Austin Welch and Freeman & Co Solicitors secure acquittal of company director accused of causing serious injury by dangerous driving Thu, 20 Apr 2017 14:28:21 +0000 Read more]]> Mr R, the director of a national recruitment company, had been accused of having fallen asleep at the wheel of his motor vehicle. Mr R’s vehicle had crossed onto the wrong side of the road and collided with an oncoming vehicle, causing serious injury to the other driver. Following a trial at the Crown Court at Carlisle, Mr R was found not guilty by a unanimous verdict of the jury.

Austin Welch represents national hotel and hospitality company in HSE asbestos prosecution Thu, 13 Apr 2017 15:51:15 +0000 Read more]]> Hatters Hostels Limited own a chain of youth hostels in Manchester, Liverpool and Birmingham. In 2014  the HSE conducted an unannouced inspection at one of the Manchester sites, the basement of which was being refurbished. No asbestos survey had been carried out and the company, and its sister company Hatters Taverns Limited, were prosecuted for breaches of the Control of Asbestos Regulations, section 2 HSWA and section 3 HSWA. The Prosecution had indicated that this was a case involving category 1 harm, being a high likelihood of death. Culpability was set at high. The sentencing starting point for a company the size of Hatters Hostels Limited would have been a fine of £250,000 and £160,000 for Hatters Taverns Limited 

 On behalf of the company, Austin made applications to dismiss the offences under section 2 and 3 HSWA as the HSE had failed to produce evidence of any material risk being created by the lack of any asbestos survey. Following this the HSE discontinued the case in respect of the section 2 and section 3 offences and re-catgorised the likelihood of harm as being ‘low’ and the case as being ‘harm category 3’. The companies pleaded guilty to offences under the Control of Asbestos regulations and in passing sentence the judge accepted that there was no evidence that the conduct of either company had actually endangered the health and safety of employees or others. A total fine of £34,000 was imposed.

 Austin was instructed by Addleshaw Goddard in this case.

 Austin Welch is regularly instructed to represent companies and individuals in health and safety prosecutions brought by the HSE and local authorities. He has particular expertise in representing clients in criminal prosecutions involving asbestos. Should you require advice or representation please contact David Wright, the senior clerk in Chambers.

Andrew Nuttall & DWF Solicitors secure acquittal of taxi driver accused of causing death of ballet star by careless driving Thu, 13 Apr 2017 10:30:21 +0000 Read more]]> On April 11th, Andrew Nuttall and Nina Lewis of DWF solicitors successfully secured the acquittal of Abdul Qayyum, a taxi driver accused of causing death by careless driving.

Mr Qayyum collided with the driver of a motorbike, ballet dancer star Jonathan Ollivier, who was travelling at over 50mph in a 30mph zone. This tragic case involved testimony from experts in relation to reconstruction of the scene of the accident.

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Lincoln House Chambers sponsors Crime Prize at the University of Law awards ceremony Wed, 12 Apr 2017 13:02:37 +0000 Read more]]> On the 23rd March, Lincoln House Chambers proudly sponsored the Crime Prize at The University of Law, Manchester awards ceremony.

The prize was presented by David Wright, Director of Clerking at Chambers, and was awarded to Peter McDonnell to commemorate outstanding academic performance in the subject area of Crime.

As well as the award, Peter will take advantage of a mini-pupillage within chambers. We look forward to seeing him again in July.

Chambers is delighted to announce the tenancy of Lara McCaffrey Mon, 10 Apr 2017 08:42:30 +0000 Read more]]> Lara McCaffrey completed pupillage in 2016 and has been in practice, in London, for just under a year.

Lara’s practice involves work across all areas of criminal defence. She represents clients in the magistrates’ courts and in the Crown Court and has experience of dealing with vulnerable individuals.

See Lara’s full profile and CV here.

Andrew Thomas QC and Samantha Riggs attend Quality First Conference 2017 Thu, 06 Apr 2017 14:47:16 +0000 Read more]]> On the 5th April, Andrew Thomas QC and Samantha Riggs attended the Quality First Conference 2017, at the BPP University Law School, London.

The conference was concerned with addressing the following:

  • Changing requirements in UK and global markets;
  • Ambiguity within the sector’s compliance infrastructure;
  • Breaking down barriers to quality improvements;
  • How to stamp out the deliberate and illegal trade of sub-standard materials;
  • The importance of a collaborative, full supply chain approach.

Andrew Thomas QC, Head of Chambers, chaired the afternoon session which focussed on legal issues relevant to the recycling industry. Samantha Riggs, along with Anna Willetts of Slater and Gordon, presented on sentencing for regulatory offences often associated to recycling and waste management.

View Andrew’s profile here. View Sam’s profile here.

Austin Welch represents company in HSE prosecution Thu, 06 Apr 2017 10:21:24 +0000 Read more]]> Austin Welch represented Spherical Components Limited in a prosecution brought by the HSE following an accident in the workplace in which an employee had lost a finger. Employee S had been operating a piece of machinery when her finger became entangled and crushed, leading to its subsequent amputation.

The company was prosecuted under Regulation 11 of the Provision and Use of Work Equipment Regulations 1998. The Prosecution had suggested that this was a case of high culpability and fell “at the high end” of harm category 2, attracting a starting point of a £54,000 fine with a range of between £30,000 and £110,000.

The Court rejected all of the Prosecution submissions as to where the case fell in terms of sentencing and accepted each of the defence arguments that this was a case of medium culpability within harm category 3. A fine of £19,000 was imposed.

Austin was instructed by Slater and Gordon in this case.

Austin Welch specialises in representing companies and directors charged with health and safety offences and environmental crimes. Should you require any advice or representation, please contact David Wright, the senior clerk in Chambers:

Chambers is delighted to announce the tenancy of Samantha Riggs Thu, 06 Apr 2017 08:47:34 +0000 Read more]]> Chambers is delighted to welcome Samantha Riggs. Samantha will be joining us as an associate tenant, while retaining tenancy in 25 Bedford Row. Sam has been in practice since 1996 and specialises in environmental law and fraud.

Head of Chambers, Andrew Thomas QC, commented “Sam will be a strong addition to our regulatory team.”

View Sam’s full profile here.

Company director jailed over major waste fires – Dan Thomas prosecutes for Environment Agency Mon, 03 Apr 2017 08:33:26 +0000 Read more]]> The director of three waste management firms involved in major fires in Stockport and Salford has been jailed.

Barry Kilroe, the Director of J25 Recycling Limited, Recovered Fuels Shipping Limited, and Asset & Land Group Limited, admitted ten charges relating to waste management.

A waste fire in Bredbury, Stockport, in 2013, burned for 41 days temporarily closing the M60 motorway. Another blaze in Salford, in 2014, lasted 19 days causing widespread problems for Network Rail. He had been previously been prosecuted for offences which culminated in a fire at the Stockport site, in 2011. The clean up costs for two of the sites exceeded, on a conservative estimate, £5million.

Kilroe was sentenced to 15 months at Manchester Minshull Crown Court.

The Environment Agency said both fires were caused by mismanagement of the sites and this was one if the biggest ever convictions of its kind.

Dan Thomas was instructed by the Environment Agency in both prosecutions of Mr. Kilroe and his companies. This second case was a consolidated prosecution of three cases, involving three companies and three sites. Complex expert evidence from leading accountants, fire safety consultants and water pollution academics formed part of the Prosecution case.

The sentencing exercise closely followed the practical guidance laid down by the Lord Chief Justice in R. v. Thelwall, (in which Dan appeared at first instance), with limited reliance upon Friskies Schedules and with the judge issuing straight forward sentencing remarks based upon a careful consideration of the Sentencing Guidelines after presiding over a hearing that took place over 2 days.

Dan is a member of the Attorney’s General “Regulatory List” and is Junior Counsel to the Crown in civil matters. In addition to his work for the regulators, Dan advises companies and individuals in both civil and criminal proceedings arising out of environmental legal issues.

Read more here: