Nicholas Cotter successful as HSE drop prosecution after defence representations

28th March 2024

3PB's crime and regulatory barrister Nicholas CotterNicholas CotterCall: 1999 (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 a robust Defence Case Statement and suitable defence representations, the HSE reconsidered its position and subsequently no evidence was offered.

Commenting on the wider ramifications of this case, Nicholas Cotter said: "HSE prosecutions against employees remains rare but they are increasing. It is vital for any employee who faces investigation or prosecution to seek urgent advice in order to establish that they were acting within the confines of their employment."

Mr Nicholas Cotter was instructed by - and worked with - Tim Williamson of law firm Foot Anstey on this case.