Summary
Our client was charged with failing to discharge the duty he owed to persons not in his employment, this threatened heavy fines for him. Managing Partner Stephen Halloran was instructed in this case, and ultimately thanks to his expertise in criminal defence, our client faced reduced fines.
Details of Case
Managing Partner Stephen Halloran was instructed by our client to deal with a case prosecuted by the Health & Safety Executive in connection with the advice he provided while working as a specialist health and safety consultant.
The charges were that he failed to discharge the duty he owed to persons not in his employment. The case centered on whether the advice our client provided to businesses was competent. The HSE said that the advice and risk assessments that underpinned this advice was negligent.
Our Defence
We instructed an expert to assess the significant case papers and to provide formal advice to assist in our approach and in ultimately resolving matters with the HSE. Our client pleaded guilty to some of the charges and received a fine at court.
Outcome
The judge, having listened to our barrister, recognised the circumstances of the case and the reason for the inadequate level of service provided. The fines imposed were significantly lower than those sought by the HSE. Our carefully considered approach in this case resulted in the financial penalties imposed being in the hundreds, not the thousands or the tens of thousands.
Looking For A Specialist Solicitor?
Health and safety prosecutions require expert solicitors and barristers. Stephen Halloran leads the team at Lawtons Solicitors who can provide the specialist assistance required. Should you or your business need representation, please contact us. We are able to cover cases on a nationwide basis.
If you or someone you know has been charged with a similar offence, contact our specialist team on 0333 577 0522 or visit our enquiries page.
