Gerard Forlin QC Barrister

"Analysis: inadequate eye tests put drivers' lives at risk" (23 February 2012)

Campaigners are calling for a change in the law after research suggested more than half (54%) of fleet managers fear some employees may be driving when their eyesight is not good enough to do so.

The only legal eyesight requirement for driving in the UK is that driving test candidates must be able to read a number plate at 20.5 metres – with glasses or lenses if they need them – before the driving part of the test.

In Fleet News Gerard suggests that any move to mandate eyesight tests would be unmanageable:

"It's now accepted that employers need to check on a regular basis that employees who drive for work have a valid driving licence," he said.

"It is however debatable whether this norm should extend to eyesight tests, where enforcement would be virtually impossible. If, on the other hand, there were specific high risk driving tasks it would then be arguable whether extra checks may need to be taken by employers.

"Further, in the advent of a road accident it is likely that police and coroners would investigate whether a driver's spectacles or contact lenses were being worn."

 

"Lift Fatality Inquest" (26 January 2012)

In January 2012 Gerard Forlin QC acted for Thyssen Krupp Elevators UK at an inquest into the death of Katarzyna Woja who died in 2003 in a lift accident in a Holmes Place gym in the City of London.

The verdict of the jury at the inquest was accidental death.

Gerard also acted for Thyssen Krupp Elevators Uk in the criminal proceedings that finished in 2010.

 

"Laura Morgan inquest: Coroner records narrative verdict" (20 January 2012)

Gerard Forlin QC acted for some of the Sunsail employees in this important inquest.

 

"Gerry Forlin, QC appointed to the Health and Safety Lawyers Association Committee" (January 2012)

Following the recent AGM Gerry Forlin, QC appointed to the Health and Safety Lawyers Association Committee. The Health and Safety Lawyers' Association ("HSLA") is a national organisation aimed at those practitioners and academic lawyers who have an interest in an area of law that is rapidly increasing in scope and importance.

Its aims and objectives include: • To promote the development of health and safety law; • To further research and educate and train its members in the discrete area of health and safety law; • To promote the expertise of its members in dealing with issues of health and safety law.

HSLA seeks to include not only practitioners within the legal profession, but also academic lawyers whose areas of study include an interest in health and safety law. It aims to place emphasis on the increasing awareness of legal health and safety duties and the way in which they are complied with, enforced, investigated and ultimately form the basis for action in court.

 

"Firms fined £300k over engineer's death on M5 near Bristol" BBC News (29 July 2011)

Gerard Forlin QC represented Serco at the hearing: Serco accepting responsibility and pleading guilty at the earliest possible opportunity. Serco have put in place policies and procedures to ensure there will never be a repeat of such a tragic accident.

 

"Lord Young defines health and safety ‘common sense’" SourceWire (28 October 2010)

"Anticipation Grows For Lord Young Address" PR Web (October 2010)

"Experts Join to Evaluate Oil Disaster" Daily Nexus (October 2010)

"Keep Calm and Carry On" Route One (July 2010)

This article in Route One covers Gerry’s session at the ‘Bus and Coach Industry Safety Conference’, organised by the CPT and the British Safety Council, hosted and sponsored by Volvo and supported by Johnsons Coaches and ROSCO.

Click here for the complete article

"IOSH 10 - 'Reverse burden of proof' debate far from over, warn lawyers" Safety & Health Practitioner (May 2010)

"Bus company fined £400,000 after man is crushed to death" Health and Safety Executive (December 2009)

"'Shambles' caused bus death" Evening Standard (December 2009)

"Bus company fined for death of driver" Uxbridge Gazette (December 2009)

"When a Tragedy Becomes a Crime: Prosecutors Probe Air Disasters" Wall Street Journal (September 2008)

"RoSPA 2008: from board room to portakabin" Health & Safety at Work (June 2008)

"Train crash conviction overturned" BBC (12 December 2007)

Anthony Scrivener QC and Gerard Forlin have put a final gross negligence manslaughter appeal to rest before new changes to the law take effect.

The pair fought successfully to have the convictions of Robert Morgan, a train driver from West Sussex, overturned. Mr Morgan had been operating the Littlehampton to London Victoria train when it collided with a Horsham to London Victoria service and killed five people in 1989. He was subsequently convicted of manslaughter.

Today three Appeal Court judges ruled that had the jury heard evidence of the particularly questionable and arguably dangerous infrastructure surrounding the scene of the incident they may not have convicted Mr Morgan and as a result his convictions were held to be unsafe.

The appeal is of particular historical significance to Gerry's chambers as the court researched the entire 82 year history of cases concerning gross negligence manslaughter beginning with a leading case R v Bateman [1925] All ER Rep 45. Sir Edward Marshall-Hall KC and Norman Birkett KC, both of whom have previously been heads of 2-3 Gray’s Inn Square had acted for the appellant, a doctor, in this case.

Click here for the judgement

 

"Train crash conviction appealed" BBC (22 March 2007)

The news story starts: A train driver involved in a fatal rail crash 18 years ago is to challenge his conviction for manslaughter.

Anthony Scrivener QC and Gerard Forlin are acting for the Applicant Robert Morgan who was driving the train involved in a fatal rail accident in Purley in 1989.

It is anticipated that the case will last for three days once a date for the hearing is fixed.

"The True Killing Fields of Britain are its Roads" by Amon Cohen, The Times (8 February 2007)

"After Hatfield: Multi-million pound fines are on the way" The Times (11 July 2006)

"News from Maastricht ACT 2005" Phillipe Domogala, The Controller (March 2005)

"A bitter pill?" CIR Magazine (March 2005)

"Firms fined over railway death" BBC News (1 October 2004)

"Train crushed Irish student" The Sun (1 October 2004)

"Civil service fears delay corporate killing bill" by David Charter and Adam Fresco, The Times (06 September 2004)

"Book launch" The Register, The Times (18 May 2004)

"Diving firm facing unlimited fine after deepest lake drowning" by Jacqui Walls, PA News (09 December 2003)

"Airport Faces Fine for Pollution" The Argus (3 November 2003)

"Farm owners could be prosecuted over labourers' deaths" by Neville Dean, PA News (30 July 2003)

"Best to act now before disaster has a chance to strike" (letter) The Times, (27 May 2003)

"Don't blame the poor driver" by Gerard Forlin, The Times (13 May 2003)

"Welcome to the smart set -the home-workers" by Veronica Cowan, The Times (25 June 2002)

"5 years for horror driver" by Dennis Rice, Daily Express (19 April 2002)

"Killer trucker jailed" by Clare Kitchen, Daily Mail (19 April 2002)

"Lorry Driver Jailed Over Death" by Stuart Coles, PA News (18 April 2002)

"Jail threat for 'revenge sex'" by Suzanne O'shea, Today (23 March 1987)

"Ethical questions hamper Aids fight" by Thomson Prentice, The Times (23 March 1987)