David Whittaker KC

Criminal Regulatory

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”.

Recent Cases:

Health & Safety

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.

Food Safety

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

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.