David Whittaker

David Whittaker

“A calm and smooth operator in whom clients have complete confidence.”

Legal 500 2017
Year of call: 1986
For enquiries please call: 020 7353 5324 or email vcard cv linkedin save

Criminal Regulatory

David is an influential member of the 2 Hare Court Criminal Regulatory Team and regularly represents corporate bodies, their officers and other individuals before the criminal courts in relation to the full range of criminal offences arising out of fatal and non-fatal accidents. He is also instructed to represent interested persons in relation to inquests associated with these cases.

In addition, he represents companies and individuals in cases involving food safety and prosecutions brought by the CQC.

David delivers training in relation to criminal regulatory matters to solicitors and other members of the profession. He has for many years been acknowledged as a leading advocate and is consistently ranked in in the legal directories. He has been described as a “very strong junior who is as good as, and in many cases better than, a number of existing silks”; “One of the Bar’s outstanding juniors. He is extremely hard-working, meticulous, and someone who has both good judgment and great presence in court”

Recent Cases:

Health & Safety and associated Inquests

HSE v Jones Building Contractors

Represented a building company cleared of charges under Health & Safety Legislation following a “Work at Height” death of a sub-contractor roofer at Eastwell Manor Hotel in Kent.

HSE v RW Hill Ltd

Defence of RWH charged in connection with fatality during concrete works at Felixstowe docks.

Inquest re SF deceased

Representing bus company following the death of a passenger.

Inquest re PD deceased

Represented haulage company following the death of one of its employees.

HSE v S&K Groundwork Solutions Ltd

Defence of S&K charged in connection with the serious injury of an employee who was crushed by a dumper truck.

HSE v Beams Builders Ltd

Representing BB charged in connection with serious injury caused to an employee in a fall from height.

HSE v Encirc Ltd

Defence of E charged in connection with a serious injury caused to an employee when hit by a forklift truck at its bottle-producing plant.

HSE v Matthew Lea

Defence of ML charged with injury to passer-by whilst clearing shrubbery on a building site using a flailing device.

HSE v Jones Building Contractors Ltd

Represented defendant contractor company for offences following the death of a sub-contractor roofer. The company was cleared at trial.

HSE v WE Roberts Ltd

Represented defendant company charged with various H&S offences (electrical and PUWER) following HSE inspection of its cardboard manufacturing plant.

HSE v Delivered (UK)

Representing defendant (delivery) company charged with offences under sections 2 and 3 HSWA following an injury to one of its contract workers.

HSE v DHL Express (UK) Ltd

Represented defendant company after an employee suffered life-changing injuries when coupling his tractor unit to a trailer on uneven ground close-by to one of the company depots.

HSE v John Doyle Construction

Represented JD, a subcontractor working on the construction of a seven-storey hotel in London, after a primary beam was dropped which struck an operative, causing him extensive injuries.

Inquest re KB deceased

Represented the garage equipment services company following the death of one of its mechanics. He had been dismantling a “scissor” lift at a garage when he cut the hydraulic pipes causing the lift to collapse and crush him.

Inquest re DY deceased

Represented the site foreman of a national construction company following the death of one of the company employees who was installing drainage pipes at a school.

Food Safety

[2018]

Thurrock Council v Williams Butchers Ltd

Representing defendant company, and director, charged in relation to food safety.

LB Tower Hamlets v Taylor St Baristas Ltd

Represented defendant company and directors charged in relation to safety at its food production site.

Westminster Council v BHFS

Successful submissions made to Council resulting in defendant company receiving a caution for mice infestation at one of its London nurseries.

CQC

CQC v Coverage Care Services Ltd

Defence of company following fatality in one of its care homes. Only the second prosecution brought by the CQC.

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