Nick Cotter in complex health and safety case : R v Young & Others 2021 (Cardiff)
4th March 2022
3PB criminal and regulatory barrister Nick Cotter, pictured here, represented South Wales Safety Consultancy Ltd which was one of the defendants in a Crown Court trial, after a scaffolder was crushed to death when a church collapsed ahead of its demolition in Cardiff. This was a complex case concerning individual corporate defendants facing a range of offences and four contractors were given suspended prison sentences.
Keith Young was the contractor in charge of the demolition, while Stewart Swain was the director of the company hired to erect the scaffolding. Both stood trial at Cardiff Crown Court, accused of gross negligence manslaughter in relation to Jeff Plevey’s death but were acquitted by a jury. Both were convicted of lesser health and safety offences. The owner of the Citadel Church, Mark Gulley, from Penarth, and Richard Lyons were also on trial but were acquitted of all charges against them. Mr Gulley’s company Amos Projects Limited, and Mr Lyons’ Optima Scaffold Design Solutions Ltd, also received not guilty verdicts.
Nick's client Phillip Thomas from Cardiff ,who was Young’s health and safety adviser from South Wales Safety Consultancy Ltd, and Richard Dean, of Abertillery, from NJP Consultant Engineers Ltd, had pleaded guilty to health and safety offences before the trial. NJP Consultant Engineers Ltd were fined £93,3000 and ordered to pay costs and its director Richard Dean given a suspended sentence. South Wales Safety Consultancy Ltd was fined £97,000, ordered to pay costs and its director Phillip Thomas was also given a suspended sentence. Strongs Partnership Limited also pleaded guilty to health and safety offences before the trial and were ordered to pay a fine of £33,500 and costs.
Young was given a suspended sentenced and ordered to pay costs, while Swain was given a suspended sentenced and his company was fined £120,000 and ordered to pay costs.
The case was reported in The Independent and BBC news.
Related Articles
-
3PB's Ben Amunwa, who specialises in public law, education and employment, was instructed by Deighton Pierce Glynn (DPG) in this latest chapter of a long-running sequence of cases challenging the “no recourse to public funds” policy. In a judgment with potentially wide implications for damages claims for breaches of fundamental human rights, the Court of Appeal in ASY & Others v Home Office [2024] EWCA Civ 373 has held that there is a right to...
Continue reading -
3 Paper Buildings (3PB) is delighted to announce that leading public law, education and employment barrister Ben Amunwa (2013 call) has joined chambers, from The 36 Group. Ben is a popular choice for high profile and landmark litigation, often involving multiple parties and novel points of law. He provides practical advice on resolving disputes to a wide range of clients. He has been ranked in the Chambers UK Bar Guide for Public and Administrative Law...
Continue reading -
3PB's crime and regulatory barrister Nicholas Cotter (pictured here) saw the Health and Safety Executive (HSE) drop its Section 7 HSWA Prosecution against a former employee of Crediton Dairy. The Dairy and another company had pleaded guilty and been fined for failing to remove asbestos correctly. However the HSE sought to continue its prosecution of the company employee, who had pleaded not guilty and the matter was proceeding to trial. However, after the production of...
Continue reading -
3PB are delighted to announce that crime and regulatory barrister Gemma White has been appointed by Robert Courts KC MP HM Solicitor General, to the Treasury Counsel Monitoree Scheme, for a period of 3 years from 1 April 2024. Treasury Counsel are a team of specialist advocates who prosecute many of the most serious and complex cases in the country, and advise and appear on behalf of the Law Officers and other government departments. Advocates...
Continue reading
