Forbes Solicitors
Regulatory eNews

July 2021

Hotel Chain Fined After Guest Fell 6 Feet Through Rusty Railings

 

Meet The Team

 

Waste Collection Fatalities Lead to Fines and Costs Totalling Over £1 Million for 2 Organisations


Manufacturing Company Fined After Apprentice Suffers Life Changing Injury

A 17-year-old apprentice, who had been working at Amber Industries Limited in Oldham for 18 months, was reaming workpieces using an unguarded pillar drill whilst wearing gloves. The glove on his right hand became entangled in the drill bit resulting in three of his fingers being severed. The incident happened on 21 November 2018.

A HSE investigation found there were no guards in place to prevent access to rotating parts and that the company had failed to provide suitable information, instruction and training to the apprentice, including clear instructions not to wear gloves. They also failed to provide adequate supervision and monitoring.

 

School Fined After Member of Public Sustains Fatal Head Injury in Fall

Peterborough Magistrates' Court heard how on 17 February 2017, a family member attended The Leys & St Faith's Foundation School in Cambridge (an independent school) to watch an evening performance.

While walking towards the hall the woman tripped over a small retaining wall and fell to the ground sustaining a serious head injury. She died six days later in hospital.

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Waste Collection Fatalities Lead to Fines and Costs Totalling Over £1 Million for 2 Organisations

Two recent decisions have highlighted the heavy levels of fines that the courts will impose for fatalities arising out of breaches of the Health and Safety at Work Act.

In one case Peter Coleman (54) died after becoming trapped underneath a refuse collection vehicle in 2014.

In another case brought against Enterprise Managed Service, part of Amey, the court heard how Kane Beard (22) tripped and fell under the wheels of the refuse lorry when he was working as part of a 4-man collection crew on a routine collection of recyclable waste. 

 

£120,000 Fine for Manufacturing Company Following Machine Incident

A Lancashire based manufacturer of plastic-coated fabrics has been fined after an employee's hand was drawn into an unguarded part of a machine, resulting in the surgical amputation of three fingers.

Manchester Magistrates' Court heard that on 20 August 2019, a machine operator at the Earby site, was carrying out work activities on a large embossing machine, known as the Briem machine when his hand became drawn into the nip point between two counter-rotating rollers; referred to as the shell and the bole.

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Hotel Chain Fined After Guest Fell 6 Feet Through Rusty Railings

Failing to adhere to health and safety standards can be a very costly mistake to make, as the owners of the Britannia Hotel in Southport recently found out.

The hotel chain was fined £80,000 after a guest sustained life-changing injuries when she fell through rusty iron railings to a lightwell below.

Deborah Henshall was staying at the Prince of Wales Hotel in Southport when the incident happened. The railings that were intended to prevent people from falling down the six feet drop to the basement were missing in one location and badly corroded in numerous other areas.

The railings were where the car parking was located, and it was when Deborah went to the rear of her parked car to get her coat from the boot that she fell.

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Pub Owner Jailed Over Boy's Electrocution Death

A pub landlord has been handed a nine-year prison sentence for gross negligence manslaughter after a child was electrocuted in a beer garden.

Harvey Tyrell, 7, died from an electric shock after he touched a defective lighting fixture at the King Harold pub in Romford, Essex, on 11 September 2018.

An investigation found that while playing with a friend in the garden at the pub, Harvey had sat on a light and touched a railing causing an electric shock that proved fatal.

 

Case Analysis - Dynamic Risk Assessments

What is needed to enable a defendant to successfully say that they relied on a dynamic risk assessment rather than to have specifically risk assessed every task?

This question arose in two cases over the last 6 months that help identify the issues that need to be considered.

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Plumbing Supply Company & Contractor Fined After Building Collapse

A plumbing supply company and its building contractor have been fined after unsafe construction work took place at the company premises in Burnley. 

Burnley Magistrates’ Court heard that on 21 October 2018, Northwest Plumbing Supplier Limited and contractor Daniel Georghiou, carried out construction work on their retail building without measures to adequately plan, manage and monitor the work, including protecting members of the public and operatives on site. As a result, work was carried out in an unsafe manner and a large section of System House at the junction of Accrington Road and Rose Grove in Burnley collapsed into the adjacent car park and across the main road. 

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Meet The Team

Craig Liversidge, Partner, Crime

Craig specialises in business and financial crime and is regularly instructed in a variety of fraud cases across the country including those with substantial international elements. He has enjoyed considerable success in defending MTIC fraud, VAT fraud, Carbon credit fraud, Mortgage fraud, Banking fraud, Revenue fraud, Boiler room fraud and Money Laundering.

Craig is a Partner within the firm's specialist crime division and is approved by the Legal Aid Agency as a fraud supervisor for the purposes of VHCC cases. He is currently instructed in numerous complex, high value investigations including a £50m conspiracy to defraud, a City of London Police Intellectual Property Crime Unit conspiracy to defraud, a multi layered £30m VAT fraud, a large scale conspiracy to commit mortgage fraud, and a conspiracy to defraud involving a number of solicitors.

Craig has experience of advising and defending investigations commenced by the Environment Agency, Trading Standards and other regulatory authorities.

craig.liversidge@forbessolicitors.co.uk | 01772 220 022 


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