Cambridge City Council v Kwik Fit (GB) Ltd
Cambridge Crown Court, 26th-28th January 2008
The court allowed an appeal against the conviction of Kwik Fit in relation to 4 Health and Safety offences. It had been contended that the company had provided insufficient safety training to a new recruit and that this alleged failing had caused a serious accident to a member of the public and to another employee.
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Gloucester CC v. T Ltd
Cheltenham Magistrates’ Court, 8th December 2008
Prosecution of a major food retailer arising out of an accident at work whereby an employee had 2 fingers amputated above the first joint in a dough divider at the Defendant’s bakery department.
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HSE v. (1) Andrew Bell t/a AL Bell Construction (2) Lloyd Jardine Plc
Gloucester Magistrates Court, 20th November 2008
Andrew Bell (AB) was the sole proprietor of a business known as AL Bell Construction (ABC). ABC provides self-employed bricklayers to developers on a sub-contract basis. In 2006, Lloyd Jardine (LJ), the principal contractor and developer of a residential development site near Stroud, Gloucestershire, contracted ABC to provide bricklayers to build brick and blockwork shells to the properties under development. The site consisted of the renovation of three industrial buildings to provide five residential units and the construction of a further eighteen new units on a 1 acre site.
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R v. Tulip Limited
Court of Appeal (Criminal Division) - Hooper LJ, Davis J, Dame Heather Steel , 20th November 2008
The appellant company (T) appealed against fines totalling £265,000 following convictions for three HSWA offences. An employee of T had put his hand into a piece of machinery and lost part of three of his fingers.
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HSE v. MacIntyre Care
St. Albans Magistrates’ Court, 4th November 2008
The Defendant, a charitable company which provides care for people with learning disabilities, pleaded guilty to an offence contrary to section 3 of the Health and Safety at Work etc. Act 1974.
An accident had occurred when a carer employed by the Defendant was using a hoist to move a resident who had severe physical disabilities.
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London Borough of Islington v. Everyday Angel Limited
Highbury Corner Magistrates’ Court, 28th October 2008
The Defendant operated a nightclub in Islington. The Local Authority prosecuted the Defendant following an accident on 9th June 2007 when a member of the public fell from a raised platform onto broken glass, sustaining a significant laceration to her leg.
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HSE v. Cold Move Ltd
Liverpool Crown Court (HHJ Gilmour), 17th October 2008
Prosecution arising out of a massive ammonia release at the Defendant company’s cold storage warehouse that resulted in the death of an employee and minor respiratory injuries being suffered by colleagues and a number of firemen trying to rescue him.
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Norwich City Council v. PMA Systems (Cradles) Limited
Norwich Magistrates’ Court, 16th October 2008
Prosecution under s2 HSWA 1974 against a limited company carrying on business as specialist access/cradle engineers in respect of an accident at the Castle Mall Shopping centre in Norwich. The company was engaged to undertake maintainance work to a high level access ladder which formed part of a gantry system used to clean rooflights.
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Cannock Borough Council v. Incarace (& Philip Bond)
Stafford Magistrates Court, 12th September 2008
A spectator (middle-aged female) at Hednesford Hills Stock Car Race track was injured when a tyre bounced across the track and into the crowd. She sustained a broken pelvis. At the date of trial she had permanent residual disability. A further female spectator had some mild whiplash injury of a short term nature.
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HSE v. (1) Brookfield Construction (2) Scheldebouw (UK Ltd
City of London Magistrates’ Court, 8th September 2008
Prosecution arising out of an accident to the employee of a sub-contractor of the first defendant in which he was crushed beneath glass that fell off an A-frame, suffering a broken pelvis which put him in hospital for 5 weeks. The injured party did not return to light duties at work for a further 4½ months after the accident as a consequence of his injuries.
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HSE v. Gary Marsh
Bradford Magistrates Court (DJ Thomas), 19th August 2008
The Defendant is a Senior Manager, charged under s36 HSWA. (This section is very rarely used and was prosecuted once in 2006 and once in 2007.)
The Company (AB) had pleaded guilty to a s2 HSWA offence. The case against AB had been made on the basis of a systemic failure in that there was no planned maintenance or inspection system in its factory. An Employee had his arm amputated after being caught in an unguarded machine.
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Powys County Council v. ‘P’ trading as Bethania Adventure
Wrexham Magistrates’ Court, 4th to 8th August 2008
The Defendant (‘P’) operated an outdoor activity centre from a boathouse on the banks of Lake Vyrnwy (‘LV’), a large reservoir covering an area of approximately 10 square miles, situated in mid-Wales. The Defendant was licensed to hire canoes and kayaks on the Lake, albeit within a predetermined operating area which covered approximately one-third of the overall area of water.
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Regina (CPS) v. Interservefm Limited
Buxton Magistrates’ Court, 23rd July 2008
Interservefm Limited (‘Interserve’) were charged with a breach of s3 HSWA 1974 in respect of an accident which occurred during the removal of a crane from the HSL site in Buxton, Derbyshire in September 2005.
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