Our work falls into the following areas:
We provide advice and guidance in the following areas:
|Health and Safety||Consumer credit|
|Corporate manslaughter||Product liability and recall|
|Food law||Driving and transport issues|
We represent cross sector corporate and private individual clients facing criminal investigation and prosecution by the Police and/or regulators including:
|Health and Safety Executive||Environment Agency|
|Care Quality Commission||Local Authorities|
|Food Standards Agency||Financial and Conduct Authority|
|Advertising Standards Agency||Trading Standards|
The team acted for Port client ("P") in its prosecution of 'TGM' Ltd ("the Company") and its Managing Director for 3 offences. The prosecution related to the operation of a motor tank barge. P did not renew the vessel's licence for safety reasons after 30th November 2015 and issued a Special Direction prohibiting use after that date.
Despite this, the vessel was seen collecting a bottle bank from a yard on 3rd December 2015 and without its Automatic Identification System ("AIS" ) equipment switched on. AIS equipment means that a master can see where other vessels are on the River.
The Company was charged with the licence offence and the Master (and Managing Director) was charged with failing to comply with a Special Direction and failing to use AIS equipment. The case culminated in a trial in the Magistrates Court and having heard all of the evidence the court convicted both defendants of all charges. The court imposed fines of £3750 and ordered the defendants to pay costs of almost £20,000. P was very pleased with the outcome believing it sends a clear message that safety is paramount on the River and it will take strong action against those who operate vessels without licences, in defiance of orders issued by the Harbour Master and without navigational safety equipment fully functioning.
Publication marks the first time that comprehensive guidelines have been drawn up for these very serious and difficult cases, which could range from an unintended death resulting from an assault, to a workplace fatality caused by a negligent employer.
A number of whistleblowing cases have made headlines in the last few months and highlighted the fact that such claims are here to stay.
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