Richard Matthews KC
Richard's expertise spans the breadth of regulatory and business crime, especially health and safety enforcement, fire safety and environmental enforcement. His particular expertise encompasses gross negligence and corporate manslaughter.
He has considerable experience of representing corporations, directors and individuals facing a wide range of regulatory investigations and enforcement action, particularly health and safety, environmental and fire safety. In addition to prosecutions and trial representation, Richard’s experience of these fields extends to actions for judicial review (of both the HSE and Environment Agency) concerning the exercise of powers and issuances of notices with consequent pursuit of claims for damages.
Richard Matthews KC has regularly advised and represented many leading UK and international corporations. He has frequently appeared for interested parties, particularly corporations, in jury inquests concerned with work related deaths and Public Inquiries. He has advised in respect of a great many of the UK’s most sensitive safety related issues over many years.
Richard’s experience extends to prosecutions related to unlawful storage of pesticides, trade in ‘parallel products’, copyright protection and the proceeds of crime.
Health and Safety: Richard has been instructed in a great number of health and safety cases, both for the prosecution and the defence, and has regularly advised and represented many of the world’s leading corporations in relation to health and safety. He is highly rated by the independent guides to the Bar: he is listed as a ‘star rated’ KC in Health and Safety by Chambers & Partners and in the highest tier of leading KC’s in Health and Safety by the Legal 500. Richard appeared in the leading House of Lords decision on health and safety, R v Chargot [2008] UKHL 73, and was leading counsel in two joined appeals in the Court of Appeal that followed the Supreme Court decision in Baker v Quantum Clothing Group Limited & Others [2011] UKSC 17 [2011] 1 WLR 1003. The resulting judgment, R. v. Tangerine & Veolia [2011] EWCA Crim 2015, (2012) 176 J.P. 349, provided a definitive authority on the approach to offences of breach of ss 2(1) & 3(1) of the Health and Safety at Work etc. Act 1974. Richard has also appeared in many of the leading Court of Appeal authorities concerned both with liability of employers and company directors, including the leading authorities on the sentencing of major corporations and group/subsidiary companies. He is co-author of the leading textbook on Health and Safety Enforcement and gave expert assistance to the Sentencing Council during the drafting of the sentencing guideline on health and safety. His experience extends to advising on and conducting numerous appeals against HSE and local authority prohibition/improvement notices and in relation to licensed activities subject to appeal to the Secretary of State. He has been instructed in judicial review challenges to enforcement notices served by the HSE under the plant protection product safety legislation.
Fire Safety Order: Richard has extensive experience in advising and representing public authorities, corporations, fire and rescue authorities and individuals in respect of the regulatory Reform (Fire Safety) Order 2005.
Gross negligence & corporate manslaughter: Richard advised the Home Office Legal Advisors on the drafting of the Corporate Manslaughter and Homicide Act 2007 and is the author of Blackstone's Guide to the Act (Oxford University Press). He has particular experience in trials involving gross negligence and corporate manslaughter, having acted for the defence in a great number of such high profile cases. He has also advised and represented employers, corporations, company directors, local authorities, NHS trusts, hospitals, and individuals involved in gross negligence and corporate manslaughter investigations, both at trial and at inquests.
Inquests & Public Inquiries: Richard has acted for interested parties at a large number of inquests, and has a particular specialism in representing corporations in inquests concerning work-related and fire-related deaths. He has also advised and acted for interested parties, including bereaved families, at inquests concerned with Article 2 of the ECHR and the right to life / state involvement in fatalities. Richard represented the Whirlpool Corporation (the owner of the Hotpoint brand) at the public inquiry into the Grenfell Tower fire that killed 72 people. In 2013, he represented the London Borough of Southwark at the inquest into the six fatalities resulting from teh fire at the Lakanal flats in July 2009.
Environmental: Richard has extensive experience in advising and acting for corporations in environmental cases concerned with environmental permitting, water resources and waste. Richard provided expert assistance to the Sentencing Council prior to the consultation and publication of the Definitive Guideline on Environmental Offences. He has been listed as a leading KC in Environmental by the independent legal guides. Richard has experience of judicial review challenge to the issuance of enforcement notices by the Environment Agency. He has extensive experience and a deep understanding of the regulation by OFWAT and the Environment Agency of the water industry. He has advised and acted on many occasions for a number of the water companies.
