HSE DROPS PROSECUTION OF DIRECTOR

19/03/2025

Michael Appleby acted for a corporate property developer prosecuted for breaching sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 and its director prosecuted under section 37(1) of the Health and Safety at Work etc Act 1974 on the basis that the company’s failures were due to his consent or connivance or attributable to his neglect.

The company was developing a site in East London which involved the demolition of an existing building and the erection of a four storey block of apartments.  During 2020 and 2021 HSE visited the site on four occasions and served nine enforcement notices.

The Prosecution

The prosecution was brought on the basis of working at height risks, poor fire precautions and exposure to large amounts of silica dust. HSE also alleged that there were insufficient covid and welfare controls.

Director Acquitted

On Tuesday 18 March 2025 at Southwark Crown Court the director was acquitted when HSE offered no evidence against him.  The company on its plea to the health and safety charges was fined £63,000 and ordered to pay £25,622 costs, the total to be paid over five years.

Mr Tanveer Qureshi of Libertas Chambers was instructed on behalf of both defendants.