Regulatory Crime/Crime
Gerry has a very substantial practice and the following cases illustrate this:
Acting for the Defence:
- Acted for Balfour Beatty (Hatfield Rail Crash); fine reduced from £10 million to £7.5 million (2006) EWCA Crim 1586 (Fisher Scoggins LLP) (The Times Law Reports,18 July 2006)
- Acted for Transco (Plc) fine reduced from £1 million to £250,000 (2006) EWCA Crim 838
- Acted for Shaw and Others (Corporate Manslaughter) (Corker Binning) Winchester Crown Court - AG Ref. No.73 of 2006, 4 October 2006 (Court of Appeal).
- Acted for First Group, Emmerson Ltd, Jacobs Engineering and Trek America in Inquests.
- Acting for the train driver on appeal for the Purley crash of 1990.
- Acted for a Managing Director charged with manslaughter and corporate manslaughter (Corker Binning) (2005)
- Acted for Essex County Council in a fatality (Essex County Council) (2005)
- Acted for a party charged with corporate manslaughter in the Barrow-in-Furness Legionella outbreak (2004) (Hayton Winkley Kendall)
- Currently acting for ten FTSE 100 firms in various sensitive prosecutions for work place deaths (city firms/in-house lawyers) and other global undertakings.
- Acted for a major waste company (Central Criminal Court) (2005) (Kimbells)
- Acted for McNicolas plc in a fatality involving a reversing lorry (Central Criminal Court) May 2004 (DLA). One of the lowest fines ever for a plc in a fatality.
- Acted for a major “black fishing” European law case (2005)
- Acted for Transco Plc in a Category I environmental case.
- Manslaughter charge dropped by the prosecution against a company and property developer – Central Criminal Court (2004) (Andrews Angel).
- Railway fatality – acted for McGinley prosecuted by the HSE (Central Criminal Court) (Greenwoods) (2004)
- Rail disaster at Tebay (Cumbria); acted for an individual arrested for Manslaughter (Greenwoods).
- Two different agricultural fatality cases being prosecuted by the HSE (2004) (Greenwoods).
- Acting for a major aircraft manufacturer (2004).
- Acted for Taylor Woodrow in a construction prosecution (2004) (Eversheds).
- Acting for an individual/company in a fatality involving reversing plant (2004) (Davis Lavery)
- Acted for a major plc involving a dockside death fatality – current police investigation (2004) (Hill Dickinson)
- Acted for a major house builder on a corporate manslaughter investigation (Davis Lavery) 2004
- Acted for Jarvis Rail being prosecuted by the HSE (2004) (DLA)
- Acted for a company director and company in a fatality involving a reversing lorry (being prosecuted by the HSE (2004) (Woodfine Quinnette)
- Acted for a Local Authority in a major fire/explosion incident (International coverage – described as one of the biggest fires in Europe in recent times)
- Acted for a Belgium shipping company being prosecuted by the CPS for a fatality (2004) (Greenwoods).
- Acted for a major road haulier in a corporate manslaughter investigation (2004) (Hill Dickinson)
- Acting for a major plc in relation to two different fatalities at depots (2004) (In-house Chief Lawyer)
- Acted for a major firm of surveyors being prosecuted for asbestos failures at a school (Masons) (2004)
- Acting for a number of major waste disposal companies both in the UK and abroad (on- going).
- Acted for a company director charged with manslaughter involving an outbreak of legionnaires disease (2004) (Birds)
- Acting for two major rail maintenance companies under investigation for fatalities (2003/4)
- Defended numerous local authorities on health and safety matters, e.g. Brentwood, Essex and various London Councils (2003/2004). Currently advising a chief executive of a local authority being investigated for manslaughter.
- Acting for other Local Authorities under investigation.
- Acted for Stoney Cove Driving School in a fatality (2003) Beachcroft Wansbroughs – prosecuted by the HSE (one of the lowest fines ever for a fatality in the Crown Court).
- Acted for a property developer acquitted of manslaughter at the Central Criminal Court (December 2003) Corker Binning.
- Acted for AMEC Rail in a fatality – prosecuted by the HSE (2003)
- Acted for a company director charged with manslaughter – acquitted June 2003 (Addleshaw Goddard) R v Phillips Services Ltd (USA)
- Acted for a company charged with corporate manslaughter (fall from height) – Acquitted by the jury – first ever acquittal by a jury of corporate manslaughter (December 2002) R v Factory Covers Ltd (Smith & Graham).
- Acted for ABP for a fatality 2002 (Hill Taylor Dickinson)
- Acted for an individual acquitted of manslaughter over carbon monoxide poisoning (2001) (Frazer Brown).
- Acted for Michael Hodder the train driver at Lord Cullen’s Public Inquiry into the Ladbroke Grove train crash (2000) (Thompsons)
- Acted for Larry Harrison the train driver at the Southall train crash – acquitted of manslaughter. Also acted at the Public Inquiry conducted by Professor Uff (1999) (Thompsons).
- Acted in numerous agricultural cases for various solicitors.
- Acted for Dr Appiah acquitted of manslaughter at Central Criminal Court (1999) (DMH)
- Acted for a company director acquitted in the Faversham M2 Coach crash (1997) (Elliots & Co)
- Acted for the driver of the Watford train crash acquitted of manslaughter (1998) (Thompsons)
- Acted for Transco Plc in a gas explosion (2006) (Hammonds)
- Acted for the Mayoress of Croydon – acquitted of manslaughter (1998).
- Numerous shooting accidents.
- Acted for Fareham College on asbestos charges (2003) (Lyons Davenport)
- Acted for BSAF in a fatality at a chemical plant (2003) (Hammonds)
- Acting for a foreign adventure company involved in a fatality (on-going)
- Acts in large cases as a leading junior – in a five month case at Reading Crown Court, leading an experienced junior counsel from outside Chambers. This case was described by the police and BBC as one of Britain’s biggest mobile phone robberies (£11 million). Appeal to the Court of Appeal with leave on what is an expert in English Criminal Law. Judgment in what they describe as the Landmark case on Expert Evidence handed down 28th May 2004 (reported at 2004 EWCA Crim. 1344) [2004] 2 Cr App R.31 and Times Law Reports June 2004
- Acted in a large-scale tax conspiracy case on behalf of an accountant (2003/4) (Burton Copeland): Recently sentenced to one of the lowest fines, namely a suspended sentence for £1 million tax fraud by an accountant.
Gerry has also acted in numerous other cases for doctors, nurses, companies and individuals charged with health and safety and manslaughter. He is also acting in numerous ongoing cases for construction, oil, chemical and transport companies.
Gerry is Standing Counsel to BAA plc on health and safety, security and environmental matters.
Acting for the Prosecution:
- Prosecuted Earls Court Exhibition Centre for a fatality of a rigger.
- Prosecuted a major company for a forklift truck serious accident.
- Prosecuted two companies for falls from height.
- Prosecuted an international company for various breaches of the Management of Health & Safety at Work Regulations 1999.
- Involved in an explosion investigation.
- Prosecuted two major companies for reversing fatalities.
