Austin Welch represents two waste management companies in health and safety prosecution

Austin Welch represented Docklands Waste Recycling Limited (“RWR”)  and Regional Waste Recycling Limited (“RWR”) at the Crown Court at Southwark  in two cases brought by the HSE for breaches of the Work at Height Regulations 2005. The prosecution related to two separate incidents on different dates at different waste transfer and treatment sites in 2014. The prosecution had asserted that both cases involved “category 1 harm” and attracted high or medium/high culpability. Whilst accepting the prosecution position in respect of RWR, Her Honour Judge Korner QC accepted the defence submission that in respect of DWR, the larger of the two companies, the culpability was low and the harm risked fell into category 4. HHJ Korner also accepted the defence submissions that the assets and means of the companies’ ultimate parent should not be taken into account. A sentence of a £133,000 fine was passed in respect of RWR and a  £6,000 fine was imposed on DWR.

 

Austin Welch is regularly instructed to represent companies and individuals in health and safety and environmental prosecutions. Should you require advice or representation, please contact Senior Clerk of Chambers, David Wright.