News Criminal Regulatory 5th Mar 2018

Tom Day represents national company acquitted of Health & Safety Offence

Tom Day represented a national storage solution company who were charged with an offence contrary to section 3 of the Health and Safety at Work Act 1974. The charge arose out of an incident in Carlisle where the company, through its subcontractor, was installing racking. These racks weighed in excess of 200kg and were to be moved by forklift truck from a storage area to the installation area. For reasons that were in dispute the racks were left in a loading bay, between the storage area and the installation area, overnight. On the next morning employees of the customer sought to unload heavy items in that same loading bay. In the process of unloading those items the racks destabilised and fell onto one of the employee’s legs fracturing it in a number of places.

An investigation by Carlisle City Council determined that charges should be brought against the storage company and the sub contractor.  Expert evidence was relied upon by the council to demonstrate that the racks were inherently unstable when they were stored in the loading bay.

A detailed defence statement and expert evidence served on behalf of Tom’s client were served on the prosecution. Having considered the defence statement and expert reports the prosecution  offered no evidence on all charges against the storage company and its subcontractor before HHJ Hughes QC at Carlisle Crown Court.

Tom was instructed by Vikki Woodfine and Alex Iveson of DWF LLP.

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