Richard Matthews QC has been instructed, both for the prosecution and the defence, in a great number of health and safety cases. He has particular experience in cases involving the gas and oil industries, nuclear industry, asbestos exposure, traffic management, NHS Trust and uniformed services, construction industry fatalities and the Construction (Design and Management) Regulations.
"What he does not know about health and safety is not worth knowing" (Chambers & Partners, 2009 Edition)
Richard appeared in the leading House of Lords decision on health and safety, R v Chargot [2008] UKHL 73, and many of the leading Court of Appeal authorities concerned both with liability of employers and company directors (R. v. HTM [2007] 2 All ER 665; R. v. P [2008] ICR 96) and with sentence (R. v. Colthrop Board Mills [2002] 2Cr.App.R.(S.) 79; R v. Transco Plc [2006] 2 Cr.App.R.(S.) 740).
In July 2011, Richard was instructed 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, provides a definitive authority on the approach to offences of breach of ss 2(1) & 3(1) HSWA.
Richard is co-author of the leading textbook on Health and Safety Enforcement (Health and Safety: Law and Practice; Oxford University Press, 3rd Edition, November 2010).
He has advised extensively on criminal liability arising under sections 2/3 Health and Safety at Work etc. Act 1974. Richard has advised solicitors acting for directors investigated and charged in respect of personal responsibility for company health and safety failures (s.37) and conducted numerous trials concerning the same. He advises a number of major UK and international corporations on health and safety regulatory compliance. He has advised on and conducted numerous appeals against HSE and local authority prohibition/improvement notices and in relation to licensed activities subject to appeal to the Secretary of State.
Richard advised the HSE and Environment Agency in respect of the investigation into the Buncefield Oil Depot explosion and fire of December 2005 and prosecuted the case at trial. Recently, he led the prosecution of Marks & Spencer Plc in a lengthy trial arising from risks of asbestos exposure to workers and the public in the company’s Reading store during refurbishment work, which culminated in the imposition of a £1 million fine.
Richard has advised and acted for Fire & Rescue Authorities , public authorities, corporations and individuals in respect of the Regulatory Reform (Fire Safety) Order 2005 and was one of the speakers at the 2010 National Fire Law Conference.
He has advised on the issuance and appeal against enforcement notices; advised responsible persons in relation to compliance and recently conducted the prosecution of a landlord/ responsible person of a HMO (House in Multiple Occupation) who was imprisoned for breaches of the Order following a fire in which a tenant received horrific injuries. He was also instructed to advice the London Borough of Southwark following the fatal fire at the Lakanal flats.
Richard has considerable experience of advising and acting in regulatory matters concerned with nuclear licensing and health and safety in the nuclear industry.
Richard is a member of the International Nuclear Lawyers' Association.
Led three barrister team in three-month trial of Marks & Spencers and contractors following refurbishment work conducted to Reading store that resulted in exposure of workers, employees and members of public to increased chances of exposure to asbestos fibres. Trial culminated in imposition of £1 million fine on Marks & Spencers Plc. See here.
Appeared for the Defence in relation to an HSE prosecution following the death of a contractor during demolition of contaminated chimney on the Sellafield site.
Appeared for the defence (AMEC) in relation to a prosecution following the death of a worker on an offshore platform in the North Sea.
Prosecution of five companies by HSE and Environment Agency following explosion and fire at Hertfordshire oil storage facility in 2005
Prosecution of BT concerning work at height following death of an engineer who fell from height.
Prosecution of Thames Valley Police and firearms instructor following shooting of trainee telephone operator in classroom.by a firearms instructor with Magnum .45 who had mistakenly loaded weapon with live ammunition that was stored in a Quality Street tin.
Appeared on behalf of the Prosecution in relation to
Section 2 & 3 Health & Safety at Work etc. Act 1974 allegations which followed the Easter Monday explosion at the Humber Refinery.
Appeared for HSE in relation to its prosecution
of a nuclear licence holder for breaches of a site license following escape from primary containment radioactive material in the THORP reprocessing plant.
Appeared for the Defence in relation to a S.3 HSWA prosecution alleging failure to maintain track following derailment of passenger train.
Appeared for the Prosecution
in relation to an HSE prosecution of company directors following legionnaires disease death.
Appeared for the Defence
in relation to an abuse of process application following institution of proceedings against company : prosecution not proceeded with.
Appeared for the HSE in relation to its prosecution
of a Japanese construction company involved in tunnel blow-out.
Appeared for the Defendant company (at Crown Court) and the director (dismissal application at Magistrates Court - prosecution not proceeded with) following an HSE prosecution under the Health and Safety at Work etc Act 1974 in respect of release of toxic gases affecting three workers at rendering plant.
Appeared for the Defence
in relation to a Construction (Design & Management) Regulations prosecution of planning supervisor over scaffolding collapse.
Prosecution of Metropolitan Police and London borough following drowning of two teenagers in Hendon Police School swimming pool.
Appeared for HSE in relation to the prosecution of an electricity company following severe flash burning to employee working on sub-station.
Appeared for Prosecution
Office of Rail Regulation prosecution of three companies following electrocution of worker by overhead cables.
