Matthew Kerruish-Jones

Health & Safety

Matthew is often instructed by corporate entities and insurers to represent defendant companies and/or directors in health and safety, fire safety, food safety and environmental prosecutions, many of which involve complex technical issues and expert evidence. Many of these cases are heard at the Crown Court and at appeal. In addition, he provides advice on corporate governance issues including bribery and corruption. Matthew has been led in multiple cases by Queen’s Counsel. In addition, Matthew is very experienced in representing clients prosecuted by QC’s as well as co-defending with them.

Notable Health and Safety cases include:

HSE v TJ Smith This case involved a health and safety prosecution involving a fatality where abuse of process was argued. The employer used mobile elevated work platforms to raise up members of staff up to 30 metres high to carry out redecoration works. Two workers were in the process of doing this when the vehicle supporting the elevated work platform collapsed. One worker was thrown clear of the accident while the other was crushed to death. Matthew argued at first instance that his client should not be prosecuted on their own as a fault had been identified in the machine that was deemed repaired by an independent specialist and certified as safe to operate. Just three weeks after the certification the incident occurred. The case went to a two week trial at Exeter Crown Court with Patrick Harrington QC leading Matthew. The family of the deceased pursued a civil claim for which Matthew drafted the pleadings. Andrew Peebles, also of Farrar’s Building acted at the Inquest and at the joint settlement meeting. Related article.

HSE v Dickies Pet Centre and RE Pallet loaded with animal bedding collapsed from fork lift truck; tetraplegia; company and director prosecuted. News article.

HSE v Bespoke Bodies Matthew acted for coach building company after an investigation by the HSE found that it had not properly supervised work at height activity following an accident where an apprentice fell through a roof he was working on and was seriously injured. The HSE also found the company failed to identify the risks associated with working at height and working on fragile surfaces. The company was charged for breaches of Regulation 3 (1) (a) of the Management of Health and Safety at Work Regulations 1999 and Section 2 (1) of the Health and Safety at Work Act 1974.

Redcar and Cleveland BC v Baketime Ltd An international biscuit manufacturer who manufactured own brand biscuits for a number of supermarkets, including Aldi, was prosecuted for food hygiene breaches due to a number of rodents found on the premises.

HSE v M Baker Produce Ltd The Defendant company operated a commercial farm which employed a number of seasonal workers. One of their employees was pulled into a piece of agricultural equipment sustaining injury.

Darlington BC v Aldi Stores Limited and Wilkinson Maintenance Limited Matthew represented a contractor who was contracted by Aldi to carry out building works. During the works, an unsecured smoking shelter was caught by gust of wind injuring an employee. Both Aldi and the contractor were prosecuted for health and safety offences. Matthew co-defended with Richard Matthew QC, who represented Aldi Stores.

HSE v Spa Laminates Injuries were caused by fork lift truck at a manufacturing plant.

HSE v Brims Construction Ltd Fall on a building site through a void in a roof. The complainant survived with serious injuries.

HSE v HIS Energy The Defendant company operated a cavity wall insulation business. One of their employees inadvertently drilled into a chimney flue for a gas boiler. One of the occupants of the premises died as a result of carbon monoxide poisoning.

HSE v Habitat Construction LLP Fall on a building site; complainant paralyzed; inadequate safety systems in place

HSE v TG Engineering Ltd Machine tool manufacturer; flying parts causing injury (potential fatality)

Westminster City Council v Charalambous & Co Falling object from height on hotel customer; life changing head injuries

HSE v Rare Butchers of Distinction Butcher causing laceration with cleaver; inappropriate gauntlet

Wandsworth County Council v Rayners Catering Hire Limited Death of an employee; catastrophic brain injury; fall in a warehouse; incorrectly stacked equipment by visitor to premises

HSE v Hampson Gas Explosion at residential property; prosecuted under Gas Safety (installation & Use) Regulations 1998; serious injuries to occupants and severe structural damage to property

HSE v Aden Pro Form Experienced machine operator injured arm in metal press machine

HSE v Cambs Compressor Engineering Ltd Employee fell from height; life changing injuries