Tom Day

Tom Day

"A highly responsive, efficient and effective advocate."

Chambers UK 2018
Year of call: 2008
For enquiries please call: 020 7353 5324 or email vcard cv linkedin save

Criminal Regulatory

Tom advises and acts in all matters involving alleged breaches of Health & Safety and Environmental Regulations. Tom regularly lectures on the topic of sentencing in Health & Safety cases. He is a member of the Health and Safety Lawyers Association.

Individual Cases:

HSE v LP

Tom 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 200kg racking. During unloading of a different item, one of the racks fell on an employees leg, fracturing it in multiple places. Following Tom’s detailed defence statement, the prosecution offered no evidence.

Lancashire Fire & Rescue v P

Tom represented the former Chairman of Lancashire County Council who faced 12 charges relating to breaches of The Regulatory Reform (Fire Safety) Order 2005 placing one or more people at risk of death or serious injury. The prosecution arose as a consequence of a fire in a building owned by Tom’s client and let out to tenants. Tom negotiated acceptable guilty pleas and the matter was committed for sentence to Preston Crown Court. The sentencing judge was persuaded to impose a suspended sentence of imprisonment and a fine.

HSE v Brentwood School

Tom advised and represented the school following an accident where an employee fell while undertaking remedial work to a bay window roof. The Health and Safety Executive originally suggested that the ultimate fine ought to begin with a starting point of £950,000. Having considered detailed written and oral submissions the Court imposed a fine of £40,000. Tom was instructed by David Rainey of BLM LLP. The case was covered in local press here

FCC v WBS

Advised and represented a company charged with three offences arising out of an incident on the company’s premises that resulted in the amputation of a customer’s fingers.

Environment Agency v H

Tom advised and represented a waste management company charged with breaches of the Environmental Protection Act 1990. The case involved complex issues in particular the definition of hazardous waste in relation to various compounds of antimony.

HSE v MC

Tom advised and represented a roofing company, acting as sub contractor, in relation to charges arising out of a fall from height through a roof aperture. Tom secured a total financial penalty approximately a tenth of that imposed upon the main contractor.

HSE v E

Tom advised and represented a scaffolding company charged with breaches of health and safety legislation arising out of the collapse of a three-storey scaffolding tower onto Leicester High Street. The collapse injured two pedestrians and caused damage to passing vehicles. Tom secured a fine of £8,000. The matter received national press coverage from the BBC, ITV, Daily Mail among others.

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