Health and safety, environmental, corporate and individual., No5 Barristers' Chambers
Health and Safety, Environmental, Corporate and Individual.
Specialises in the most serious categories of health and safety, environment and other regulatory cases including corporate/gross negligence manslaughter and fire safety – prosecution and defence. Frequently appears at Inquests. Advises large organisations, including national/international businesses, in regulatory matters concerning their present and future practice.
Selected cases of interest – In two separate cases in 2019 (one EA one CQC – fatal case) represented and secured the acquittals of a director and senior manager. In 2020 similar outcome for director charged by Local Authority – the other director fined nominal figure. In 2020 secured superb outcome for large Local Authority charged in relation to work at height issues at school. Likewise for major national employer in relation to Fire Safety at Football League Club.
Major International Food Business – Oxford – Defence - concluded June 2021 – Court accepted the problem was of a marketing nature and thus penalty transformed downwards to extremely modest proportions. Low culpability finding secured and significant praise for the Company’s leadership. Cushman and Wakefield Ltd – Wolverhampton C.C. – concluded July 2019 – Prosecution – wooden structure blown off building during Storm Doris, causing death and other injury in the street below. Failure to maintain. Hewitt – Bristol C.C. and Court of Appeal – concluded February 2018 – Defence – the jury acquitted company chairman of the most serious offence, and the Court of Appeal quashed the remaining s.37 conviction – costs recovered; Oxford C.C. – March 2018 – Prosecution – Southern Health NHS Trust (including the tragic death of Connor Sparrowhawk); Stoke C.C. – July 2018 – Defence – successful submissions for major national employer, leading to very low fine; R (HSE) v Martin Baker Aircraft Limited – Prosecution – February 2018 – death of a Red Arrows pilot; R (HSE) v Merlin Attractions – Prosecution – September 2016 – the Alton Towers rollercoaster disaster; R (Natural England) v Day [2014] EWCA Crim 2683; R (HSE) v Balfour Beatty and Enterprise AOL [2014] EWCA Crim 2684; for Fire Service in Hillsborough Inquests; R (HSE) v British Sugar PLC – defence – acquitted in fatal case following legal argument – abuse of process – July 2014.
Inquest examples:
Current – acting for Local Authority in long-running fatality case, and in separate industrial accidents representing a City Council and a limited company.
June 2021 – represented a Local Authority in relation to multiple fatalities arising from a fire. Focused preparation and submissions to the Court persuaded the Coroner on several key points, including contentious witness testimony.
2021 – instructed for a major NHS Trust in a case featuring multiple deaths. Very early meetings of legal teams and careful presentation of the Trust’s work to improve practices persuaded the Court that the Trust was “well-led” - the fine was very substantially lower than it could have been.
February 2017 – acting for St John Ambulance in Inquest arising from music festival death.
University of Leeds 1977-1980
Midland Circuit • Regional Bar
Bernard Thorogood – No5 Barristers’ Chambers ‘Bernard’s attention to detail is second to none. His advocacy is excellent. He is a good advocate in sentencing and mitigation. He is a go-to counsel for difficult public sector health and safety defence work. He always secures excellent results for the client and works tirelessly to achieve those results.’
Midland Circuit • Regional Bar
Bernard Thorogood – No5 Barristers’ Chambers ‘Bernard's preparation is peerless, and he will put the hard yards into preparing the case. He has a smooth but extremely rigorous style and usually gets what he wants from judges and coroners.’
Midland Circuit • Regional Bar
Bernard Thorogood – No5 Barristers’ Chambers ‘Bernard's advocacy is methodical, measured and targeted, getting to the nub of the issue whilst ensuring his thought process is being followed by both the judge and the jury.’