Not Guilty Verdict for Agricultural Business in Health and Safety Prosecution

Austin Welch, instructed by Emma Bracewell of DWF Solicitors, yesterday secured a not guilty verdict for an agricultural business which had been charged with having breached section 3 of the Health and Safety at Work Act.

The case followed, what was alleged to have been, a fatal collision involving one of the defendant partnership’s vehicles that had been reversing onto a road. The HSE, who had brought the prosecution, alleged that the defendant had failed to introduce sufficient systems and procedures for the safe movement of vehicles and that these failures had caused the death of a pedestrian who had been struck by the vehicle. The case was listed for trial in January 2025.

Austin and Emma obtained expert reports relating to the reconstruction of the accident, the health and safety procedures used by the defendant partnership (and used more generally in the agricultural industry) and pathological evidence concerning the cause of the pedestrian’s death. Such evidence suggested that the defendant’s actions did not create a material risk to health and safety, that the partnership had, so far as was reasonably practicable, complied with its duties to ensure the health and safety of non-employees and that the pedestrian was not alive at the time she was struck by the vehicle.

At the Crown Court at Sheffield the HSE offered no evidence against the defendant, accepting that, on the basis of the evidence served, there was no realistic prospect of conviction and no public interest in pursuing the case. A not guilty verdict was entered.

Austin Welch is a specialist in health and safety law and inquests. He has consistently been ranked by legal directories as being in the highest category of juniors for these areas of work and is recognised as being one of the leading senior juniors in the country for health and safety and inquest work. In the most recent edition of Chambers and Partners he was described as “a top tier senior junior” and “up there as the most sought after junior in the country for inquiry work.”

If you would be interested in instructing Austin please contact his clerk Ty Price at tprice@lincolnhousechambers.com.