01/09/2025
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Michael Appleby acted for a director of a manufacturing company facing two charges of breaching section 37(1) of the Health and Safety at Work etc Act 1974 on the basis that alleged health and safety failures by the company were due to his consent or connivance or attributable to his neglect.
The Prosecution
HSE alleged that employees were exposed to a material health and safety risk from welding fumes during the manufacturing process. The first charge related to a period of four years when the defendant was a director of the company and the second charge to a period after he had left the company. The company subsequently entered administration. A prosecution was not pursued against the corporate body.
The Defence
A robust defence statement was served on behalf of the defendant setting out his defence which included challenging HSE to prove that employees had been exposed to a material health and safety risk from welding fumes.
Following service of the defence statement HSE instructed one of HSE’s specialist inspectors in occupational hygiene to provide an expert report. When the expert report was served, the defence sought further disclosure (particularly of evidence the expert relied upon that was not part of the prosecution’s case), an explanation of certain aspects of the instructions to the expert and also put HSE on notice that the expert’s report did not comply with the Criminal Procedure Rules.
Director Acquitted
On Wednesday 27 August 2025 at Cambridge Crown Court the director was acquitted when HSE offered no evidence against him. HSE’s counsel explained to the court that having reviewed its own expert’s report and having taken into account the defence statement, HSE had concluded there was no longer a reasonable prospect of conviction
Mr Tanveer Qureshi of Libertas Chambers was instructed on behalf of the defendant.
FSW Law are a London based law firm who specialise in Health, Safety and Environmental Law. If you have recently had a health and safety incident occur in your workplace and require legal advice, please phone us on 0207 993 6960.