Regulatory Crime Seminar 2023
19th Apr 2023 Read more
David Whittaker KC acts for transport company in Health & Safety prosecution
7th Nov 2022 Read more
2 Hare Court Criminal Regulatory Group Newsletter
5th Oct 2022 Read more
See all news"David is an exceptional barrister. He makes clients, who are charged with really serious offences, feel at ease and as though they are in safe hands. He has an exceptional ability to command a room and gain the attention of a jury, in an understated and endearing way."
David 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. His Heath and Safety practice is extensive and nationwide and is generally at the higher end of the scale of seriousness.
He is also instructed to represent interested persons in relation to inquests associated with Health and Safety issues. He is presently representing a core participant in the Grenfell Tower Inquiry.
Moreover, he has experience with Health and Safety issues arising out of care homes and has represented companies and individuals in cases of fatal accidents or unexplained deaths of residents.
In addition, he has appeared before the EAT in relation to appeals against improvement and prohibition notices and has represented companies and individuals in cases involving food safety.
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 “extremely hard-working, meticulous, and someone who has both good judgment and great presence in court”.
R v SW
Instructed as leading counsel, leading Tom Day, to represent an individual charged with gross negligence manslaughter and HSWA offences in relation to the death of a roofer on the site of a large hotel redevelopment. Instructed by Keoghs. Case ongoing.
The Grenfell Tower Inquiry
David is currently representing the project designer for the cladding sub-contractor engaged on the refurbishment of the Tower. Instructed by Hallinans
HSE v Mills
Representing the Director of a printing and bookbinding company in relation to an exposure to asbestos which occurred at the company premises. Instructed by Kennedys. Case ongoing.
HSE v Lescost Transport Ltd
Lescost Transport were charged under section 3(1) and 33(1)(a) of the Health and Safety at Work Act 1974, the allegation relating to the injury of an individual who was attempting to deal with an unsecured load on one of its double-decker trailers. Upon review of the case the prosecution decided to offer no further evidence and the judge entered a not guilty verdict against the company. Instructed by DWF.
HSE v Hobbledown Ltd
Hobbledown run an adventure farm park in Surrey which includes attractions at height. A customer using a “climbing tower” had his karabiner fixed to the wrong part of the safety harness, the gear loop, and he fell from height suffering serious and lasting injuries. At trial, Hobbledown were convicted of a non-causative offence and one of the causative offences. They were acquitted of other offences. The company (a “small” organization) was sentenced to only £9,000. Instructed by Keoghs.
HSE v RW Hill Ltd
Defence of RW Hill who were charged in connection with fatality during concrete works at Felixstowe docks. Instructed by Ellisons.
Total Contractors v Inspector of H&S
Represented appellant company in an application before the EAT for an extension of time to serve an appeal against prohibition notices served by the HSE following a death at work. Instructed by Keoghs.
HSE v Builder’s Beams Ltd
Represented defendant company following a work at height accident causing serious injury to the victim. Instructed by Keoghs.
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. Instructed by ASB Law.
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. Instructed by Keoghs.
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. Instructed by Kennedys.
HSE v Matthew Lea
Defence of ML charged with injury to passer-by whilst clearing shrubbery on a building site using a flailing device. Instructed by DWF,
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. Instructed by BLM.
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. Instructed by BLM.
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. Instructed by Blake Morgan.
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. Instructed by Pinsent Masons.
Westminster Council v BHFS Ltd
Advised BR pre-charge and prepared written submissions to the EHO which resulted in the company being offered a caution. Instructed by BLM.
LB Tower Hamlets v Taylor St Baristas Ltd
Represented the company and 6 of its directors who were summonsed in relation to food safety matters. Successfully secured the acquittal of the company directors with the company receiving a modest financial penalty. Instructed by Keoghs.
Thurrock Council v Williams Butchers Ltd
Representing defendant company, and director, charged in relation to food safety. Instructed by DWF.
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.
19th Apr 2023 Read more
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22nd Mar 2021 Read more
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