LEADING CASES AS HEALTH & SAFETY EXPERT WITNESS/ADVISER SUBJECT SCOPE OF EVIDENCE R -v- Porter “Trivial Risk case” Expert evidence favourably mentioned by L J Moses in Court of Appeal Judgement leading to acquittal of Head Teacher following death of young child in playground. R -v- Cotswold Geotech “First case under Corporate Manslaughter Act” Technical Advice and Expert Report on behalf of defendants in case commenced in January 2010, and adjourned until October 2010 R -v- Gillian Beckingham “Legionella case” Expert Report for Ms Beckingham which was not challenged by Prosecution when presented in agreed, edited form. Significant in successful defence of manslaughter allegations in respect of legionella. R -v- HTM “Foreseeability case” Expert Report influential in case which led to Court of Appeal Judgement on meaning of foreseeability. HSE v Commissioners of Metropolitan Police Technical advice and Expert Report as part of successful defence of Old Bailey case. Manslaughter - Schoolteacher in charge of children on outing Expert Report for defence used in mitigation. Manslaughter against five individuals following collapse of steel reinforcement at Dubai International Airport in September 2004 Consultant Report put before Court in successful acquittal of all five Defendants. Scalding by hot water in hotel Expert Report for prosecution significant in obtaining guilty plea. Fatality involving rollercoaster ride at Theme Park Expert Report significant in negotiated basis of plea. Corporate and personal manslaughter - Fall through Roof Consultant Report and Opinion. Expert evidence in Crown Court leading to acquittal on manslaughter charges. Corporate Manslaughter - Construction Confidential Report for CPS. Role of Managing Director Consultant Report and Opinion. Significant in mitigation in guilty plea. Manslaughter - Southall Rail Crash Part of Defence team in successful acquittal of driver. Manslaughter - Warehousing Expert advice in three week Trial resulting in reduced penalty on one offence out of 5 original charges. Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 1 Full Name Martin Jeffrey Barnard. Qualifications BEng (Hons) Civil Engineering, University of Liverpool Postgraduate Diploma in Industrial Safety & Occupational Hygiene, Aston University Chartered Engineer Fellow of the Institution of Civil Engineers Chartered Fellow of the Institution of Occupational Safety & Health Fellow of International Institute of Risk & Safety Management Nationality British Year of Birth 1956 Present Position Director of Health and Safety, Capita Symonds Limited Professional Experience 1990 to date Capita Symonds Limited - Director of Health and Safety UK, Republic of Ireland, Western Europe Martin heads a Department which forms the focal point within Capita Symonds for technical assistance on health & safety related matters, particularly in building and civil engineering, industrial safety, training, leisure safety and insurance and litigation related investigations where expert evidence is required. His particular experience is set out in the following pages. 1985 - 1990 Health & Safety Executive - HM Principal Specialist Inspector Martin’s duties involved regular appearances at Magistrate & Crown Courts, Inquests and Industrial Tribunals to give expert evidence, based on a thorough knowledge of health and safety law, the Health & Safety at Work Act, British Standards and Codes of Practice. During that time, established links with a number of influential organisations e.g. Institution of Civil Engineers, Building Employers Confederation and provided technical advice on health and safety matters to Enforcing Authorities in London, Southern England and the Channel Islands. 1982 - 1985 A Monk & Co. Plc. - Engineer Site Engineer and Temporary Works Engineer in the North West Division, Warrington. 1977 - 1982 Health & Safety Executive - HM Inspector of Factories Within 4 years of joining HSE, had responsibility for the inspection of selected industries in Merseyside & Cheshire with several inspectors working for him. During that time, gained experience of all types of industry, including factories, offices, warehousing and construction. Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 2 Work Experience: 1. LEGAL - EXPERT EVIDENCE Testimony to Martin’s expertise can be found by reference to the following authoritative Expert Registers: Law Society Academy of Experts UK Register of Expert Witnesses Expert Witness He is regularly called upon to act as an expert witness for both Claimant/Prosecution and Defendant in both civil and criminal law. Leading examples are: - 2010, Expert witness in R -v- Cotswold Geotech, the first case brought under the Corporate Manslaughter and Corporate Homicide Act of 2008 - 2008, Favourable reference to expert evidence by L J Moses in Court of Appeal case, R -v- Porter which led to the landmark ruling of “fanciful risks” and the overturning of conviction. - 2008, On-going confidential investigation on behalf of high profile individual/organisation following a death at a major public sporting event which led to acquittal on all charges. - 2007/2008, On-going confidential investigation on behalf of a major Police Authority in relation to a high profile incident within the European Community. - July 2007, Martin gave evidence on behalf of James Porter, Head Teacher in Bangor, North Wales charged following death of 4 year old child at play-time at the school. Widely covered in both TV and National Press. Martin’s evidence with regard to the condition of the steps involved and the significance of the associated risks were unchallenged. - July 2006, Martin’s Expert Report was accepted by the Prosecution, in edited form, in the Trial of Gillian Beckingham on 7 counts of manslaughter as a result of the legionella outbreak in Barrow-inFurness in 2002. His report played a significant part in her acquittal in respect of manslaughter. - March 2006, Martin’s Expert Report has been a significant part in the R -v- HTM case which was the subject of the Court of Appeal Judgement in respect of the application of Regulation 21 of the Management of Health & Safety at Work Regulations 1999, and the meaning of foreseeability. - June 2003, Martin was part of the successful Defence Team for Sir John Stevens and Lord Condon. Commissioners of the Metropolitan Police charged with serious health and safety offences after the death of a Police Officer chasing a suspect over the roof of a building. Since the introduction of the Woolf procedures, Martin has acted as the Single Joint Expert, in some cases selected by 4 or more parties. His widely acknowledged reputation has proved ideal for the SJE role. He has also been involved in several Newton Hearings in relation to disagreed elements of guilty pleas. Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 3 Work Experience: 2. LEGAL - SOLICITORS AND COUNSEL WORKED WITH Provided expert reports to many Instructing Solicitors including:Anthony Collins Anthony Gold Arthur Cox - Ireland Barlow Lyde and Gilbert BCL Burton Copeland Beachcroft Beale and Co Bells Potter Berryman Lace Mawer Berwin Leighton Paisner Bevan Ashford Bond Pearce Campbell Fitzpatrick (N.I.) Cartwright King Charles Russell Close Thornton LLP CMS Cameron McKenna Davies Arnold Cooper Davies Lavery De Maids Dickinson Dees DLA Piper DWF Eversheds Ford and Warren Greenwoods Halliwells Henmans Herbert Smith Hill Dickinson Holman Fenwick Willan Irwin Mitchell Kennedys Keoghs Langleys Linder Myers LLP London Borough of Harrow Luton Borough Council Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk Masons (Ireland) Mayer, Brown, Rowe and Maw McCann Fitzgerald (Ireland) McGrigors McGrigors - Scotland Metropolitan Police/CPS Nash & Co Osborn Abas Hunt Osborne Clarke Norfolk County Council Pannone Pattison and Brewer Pinsent Masons Pinsent Masons (Dubai) Pinsent Masons (Hong Kong) Pinto Potts Richard Saleh and Co Shadbolt and Co Shook, Hardy and Bacon Simpson and Marwick South Northants Council South Staffordshire Council Stewarts Stitt and Co Straw and Pearce Thomas Eggar Thompsons Thomsons Treasury Solicitor Turners Veitch Penny Vizards Wyeth Walker Morris Warwick District Council Weightmans West Yorkshire Police Wilde Sapte Woodfine, Foinette & Quinn 12/10 4 Martin has worked with a number of leading Barristers in both criminal and civil cases such as:Tony Cross QC Ian Croxford QC Michael Douglas QC Patrick Field QC Gerard Forlin QC Nicholas Haggan QC Hugh Hartnett SC - Ireland Philip Hackett QC Patrick Harrington QC Tim Horlock QC Stephen Killalea QC Edmund Lawson QC Richard Lissack QC Timothy Langdale QC Guy Mansfield QC Richard Matthews QC Ian McLaren QC Andrew Moran QC Nicholas Purnell QC Prashant Popat QC Anthony Scrivener QC Robert Smith QC Ronald Thwaites QC David Travers QC Mark Turner QC Christopher Wilson-Smith QC Peter Wright QC Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk Jim Ageros Simon Antrobus Mark Balysz Joel Bennathan Barry Berlin Oliver Campbell Gordon Catford Stephen Climie John Cooper Charles Cory-Wright Christian du Cann Anthony Edwards John Goulding Dominic Kay James Laughland David Morris Keith Morton Toby Riley-Smith Christopher Russell Bruce Silvester Richard Stead Harry Vann 12/10 5 Work Experience: Continued…. 3. STRATEGIC MANAGEMENT ADVICE Martin has provided high-level technical advice on health and safety to a wide range of major organisations. Recent commissions have included: BBC Marks & Spencer UK Government General Motors Balfour Beatty Associated British Ports British Airport Authority English Partnerships Scottish and Southern Energy Rank Organisation Examples of projects which Martin has overseen are:Trillium - Survey of 700+ DSS offices in UK as part of due diligence survey. One of the largest exercises of its kind in the UK. Involved 25+ staff over 16 weeks mobilised at 3 weeks notice. BBC - Strategic review of management of health and safety within Production Directorate. BARR Group - Annual audit of health & safety culture including setting of Action Plans for Senior Management. Balfour Beatty - Ongoing mentoring of senior personnel to explore strategic opportunities to develop health and safety culture and attitude. Marks & Spencer - Review of policy on fire precautions & procedures for work undertaken by contractors on Marks and Spencer premises. VSEL Barrow - Review of working procedures for safe access onto roofs at the shipyard. Welsh Development Agency - Audit of health and safety procedures of diverse activities with WDA. Cambridgeshire County Council - Development of health and safety procedures for Highways and Transportation Department, combined with training briefings on procedures. Automobile Association - Review of safe working procedures for mobile patrolmen. Richard Ellis - Survey of government buildings in West Midlands. Intel – Ireland - Review of management strategy for control of contractors. Wyeth Medica Ireland - Review of management strategy for control of contractors. HBOS - Review of Corporate Health and Safety Strategy Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 4. EC DIRECTIVE 92/57 - CDM REGULATIONS Martin has acted as advisor on the EC Directive and its application across Europe to the following:Marks & Spencer Highways Agency Scottish Office - Roads Directorate Scottish & Southern Energy Tate & Lyle Sugars C&A British Telecom Blue Circle Spillers Dalgety Property Holdings States of Jersey Environment Agency Examples of the high profile work Martin has undertaken in relation to the above are:Marks & Spencer - CDM Strategy Manual - Directory of Approved Suppliers - Strategy for operation in EC country. Scottish and Southern Electric - Policy and Procedural Manual for compliance with CDM. States of Jersey - Advice on development of new construction Regulations in line with EC Directive 92/57. Highways Agency/ Scottish Office - Development of complementary procedures for each to act as Client under the CDM Regulations. C&A - Creation of CDM Client Manual. Shanks Environmental - Development of CDM strategy. Richmond NHS Trust - Procedures for controlling contractors on small projects. Hampshire CC - Development of procedures under CDM for maintenance and small capital works. Royal & Sun Alliance - Health and Safety audits on construction projects. HBOS - Review of CDM procedures Western Europe Martin is widely recognised as an authority on the application of the EC Directive in other European countries, in particular: Republic of Ireland Spain Netherlands Germany Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk France Portugal Scandic Countries 12/10 5. CDM COORDINATOR/PROJECT SUPERVISOR (DESIGN) Martin has acted as the Project Director and/or overseen the technical input in a wide range of CDM Co-ordinator commissions from small projects worth a few thousand pounds through to multi-million pound projects. Lloyds Register Marks & Spencer British Steel C & A Stores General Motors Scottish & Southern Energy Ministry of Defence Metropolitan Police Unilever BAA Projects include:British Steel Ravenscraig - Demolition and site clearance of old steel works. One of the largest demolition projects in the UK in the past decade. New Millennium Experience - Appointed for 12 of 14 Exhibition Zones and the Central Show within Millennium Dome. Lloyds Register of Shipping - £75m project for demolition and reconstruction of 14-storey office block in Central London. Oracle Reading - £100m re-development of brownfield site into major retail complex. MoD - Four 23m diameter spherical structures within UK. British Sugar - Construction of CHP plant. Pfizer Ltd - £35m project for new 20,000m2 corporate headquarters. Various Clients - Small scale projects involving maintenance and minor capital works. Republic of Ireland Martin has provided extensive advice and training in the Republic of Ireland on the application of the Construction Regulations, and in particular the roles of Client, Designer and Project Supervisors, (Design) and (Construction). Recent clients have included Irish Rail, Cork Corporation, Ove Arup and Intel. Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 6. TRAINING - UK AND REPUBLIC OF IRELAND Martin is widely recognised as one of the leading health and safety lecturers in the UK and the Republic of Ireland. He is much sought after for his ability to deliver high quality interactive sessions which identify and address the issues of concern to the delegates. Martin has developed and regularly presents high quality health and safety training courses both externally and in-house for Clients. These range from construction courses through to senior management briefings covering current health and safety legislation in particular specialist areas such as managing contractors safely, risk assessment, and the relevant Construction Regulations. Previous Clients BBC Associated British Ports GlaxoSmithKline Cambridgeshire CC Waitrose VT Group plc Marks & Spencer Lloyds TSB Balfour Beatty BAA Royal Household Southern Water Main Course Titles An Inspector Calls - What to do when CDM 2007: A clear and concise explanation CDM 2007: Co-ordinator CDM 2007: Designers’ Duties CDM 2007: Principal Contractor Effective Construction Risk Assessment Health and Safety Leadership Health and Safety - Personal Mentoring Day Managing Contractors Safely IOSH Accredited - Safety for Senior Executives NEBOSH Construction Certificate NEBOSH General Certificate Typical delegates comments which reflect Martin’s ability are:“Learnt a great deal in a short time” “I thought it was going to be boring and quite hard work but it was interesting, made me think and gave me confidence to investigate situations more fully” “Probably the best course I have attended in a long time” “Martin varied the pace well to take account of the discussion” “Powerful - dynamic - full of interest – 1st class delivery” “Teased out relevant issues” “A potentially interesting topic made interesting by excellent course leader. Good mix between notes and group debate ……. I am not related to Martin Barnard and no money has changed hands – honest!” Details of typical course content are available if required. Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Relevant Acts and Technical Experience Martin has had experience in the application of the following UK legislation: Health & Safety at Work etc. Act, 1974 Factories Act, 1961 Offices Shops & Railway Premises Act, 1963 Fire Precautions Act, 1971 Coroners Rules, 1984 European Directives on Health & Safety. Construction (General Provisions) Regulations, 1961 Construction (Lifting Operations) Regulations, 1961 Construction (Health & Welfare) Regulations, 1966 Construction (Working Places) Regulations, 1966 Construction (Head Protection) Regulations, 1989 Construction (Design & Management) Regulations 1994 and 2007 Construction (Health Safety & Welfare) Regulations 1996 Abrasive Wheels Regulations, 1970 Asbestos (Licensing) Regulations, 1983 Asbestos (Prohibitions) Regulations, 1985 Asbestos Regulations, 1969 Control of Asbestos at Work Regulations, 2004 and 2006 Control of Lead at Work Regulations, 1998 Control of Substances Hazardous to Health Regulations, 2002 Electricity at Work Regulations, 1989 Health & Safety (Enforcing Authority) Regulations, 1989 Health & Safety (First Aid) Regulations, 1981 Lifting Operations and Lifting Equipment Regulations 1998 Management of Health & Safety at Work Regulations 1992 and 1999 Noise at Work Regulations, 2005 Provision and Use of Work Equipment Regulations 1998 Reporting of Injuries, Diseases and Dangerous Occurrences Regulations, 1995 Safety Signs Regulations, 1996 Workplace Regulations 1992 Work at Height Regulations 2005 Safety of Places of Sport Regulations, 1988 Safety of Sports Grounds Act, 1975 Martin also has experience of legislation in other countries such as:Denmark Dubai France Germany Hong Kong Hungary Italy Netherlands Portugal Republic of Ireland Spain Sweden Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Liaison with Enforcing Authorities Throughout his work with the Health & Safety Executive, and since, he has had liaison with Enforcing Authorities:Police Authorities HM Factory Inspectorate HM Agricultural Inspectorate HM Nuclear Installations Inspectorate HM Mines & Quarries Inspectorate HM Railways Inspectorate Fire Authorities Local Authorities States of Jersey States of Guernsey Papers Presented Has presented papers at numerous conferences and seminars including:World Congress on Health & Safety CIB Construction Safety ISSA European Conference Asia Pacific Safety Congress IOSH Conference ICOH Conference Vivendi Congress Corporate Killing World Congress on Health and Safety European Construction Safety World Water Congress IOSH Culpable Homicide Conference Corporate Manslaughter Articles Published and international Madrid April 1996 Lisbon September 1996 Paris December 1994 Hong Kong April 1997 UK November 1997 Helsinki May 1998 Brussels October 1998 London January 2000 Vienna April 2002 Mantova May 2003 Marrakech September 2004 Glasgow April 2007 London March 2008 - Consultant Editor of Butterworth Tolley’s Construction Health & Safety - Editor of the 1998 Thomas Telford publication “Health & Safety for Engineers” - Highly popular and informative monthly health and safety features for New Civil Engineer magazine. - Articles published on a regular basis in various industry journals and magazines such as:- Panel Membership - national ICE Proceedings – both “Civil Engineering” and “Management, Procurement and Law” Safety and Health Practitioner Contract Journal Construction News - Corresponding and Past Member of the Institution of Civil Engineers Health & Safety Board. - Past member of a number of Committees and Working Parties for organisations such as Construction Industry Research Association and the Association of Consulting Engineers. - Past Member of IOSH Strategic Working Party on Partnering Alliances. Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Selected Expert Evidence by Martin Barnard Criminal and Civil CRIMINAL AND CIVIL HEALTH AND SAFETY CASES Martin Barnard acting as Expert Witness Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Page 12 of 38 Selected Expert Evidence by Martin Barnard SUBJECT Criminal and Civil LOCATION CLIENT SCOPE OF EVIDENCE REF Multiple fatality during reinforced concrete Construction Norfolk CDM Duty Holder Assistance in investigation of multiple fatality CS/048995 Double fatality involving overhead power lines. Regulation 21: Court of Appeal Case North East Defendant Technical Advice and Consultant Report. Landmark Court of Appeal Judgement CS/4682 Between 1977 and 1990 Martin had involvement in numerous HSE prosecutions UK Prosecution Factual and expert evidence in Criminal proceedings, inquests and Tribunals Role of Client under CDM in relation to double fatality during railway maintenance Midlands Defendant Technical Advice and Consultant Report CS/29077 Manslaughter allegations against 5 individuals following collapse of steel reinforcement Dubai Defendant Technical Advice and Consultant Report translated into Arabic for use in Court in successful acquittal CS/4069 Manslaughter allegations following collapse of garden wall Midlands Defendant Technical Advice and Consultant Report used in negotiation to drop manslaughter charge CS/27966 Personal Manslaughter involving failure of high pressure water main Gwent Defendant Technical Advice and Consultant Report CS/32598 Personal Manslaughter - fall through fragile roof London Prosecution Expert Report and Opinion for Crown Prosecution Service 4H58485 Site supervisor charged with manslaughter following death of young child Leicester Defendant Technical Advice and Consultant Report. Acquittal on manslaughter 4H61921 Personal Manslaughter involving failure of high pressure water main Gwent Defendant Technical Advice and Consultant Report CS/32598 Corporate and Personal Manslaughter - Fall through roof Teesside Defendant Consultant Report and Opinion. Expert evidence in Crown Court leading to acquittal in manslaughter charges 4H57468 Manslaughter - Fall through roof Kent Defendant Consultant Report and Opinion in successful defence 42986.WOO Multiple fatality during reinforced concrete construction Norfolk CDM Duty Holder Assistance in investigation of multiple fatality CS/048995 Personal Manslaughter - fall through fragile roof London Prosecution Expert Report and Opinion for Crown Prosecution Service 4H58485 Manslaughter allegations against 5 individuals following collapse of steel reinforcement Dubai Defendant Technical Advice and Consultant Report translated into Arabic for use in Court in successful acquittal CS/4069 Site supervisor charged with manslaughter following death of young child Leicester Defendant Technical Advice and Consultant Report. Acquittal on manslaughter 4H61921 High Profile Manslaughter/Corporate Manslaughter Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Page 13 of 38 Selected Expert Evidence by Martin Barnard SUBJECT Criminal and Civil LOCATION CLIENT SCOPE OF EVIDENCE REF Personal Manslaughter involving failure of high pressure water main Gwent Defendant Technical Advice and Consultant Report CS/32598 Corporate Manslaughter - Construction London Prosecution Consultant Report and Opinion for Crown Prosecution Service 4H55112 Manslaughter allegations following collapse of garden wall Midlands Defendant Technical Advice and Consultant Report used in negotiation to drop manslaughter charge CS/27966 Manslaughter - Fall through roof Kent Defendant Consultant Report and Opinion in successful defence 42986.WOO Personal Manslaughter - Construction: failure of hoist London Prosecution Consultant Report and Opinion to Crown Prosecution Service 47172.MET Corporate and Personal Manslaughter - Fall through roof Teesside Defendant Consultant Report and Opinion. Expert evidence in Crown Court leading to acquittal in manslaughter charges 4H57468 Fatality during site investigation. First case under Corporate Manslaughter Act Gloucestershire Defendants Technical Advice and Consultant Report - Case Pending CS/040316 Architect charged with 7 counts of manslaughter involving exposure to legionella Cumbria Defendant Technical Advice and Consultant Report. Report significant in acquittal of manslaughter CS/17471 HSE v Metropolitan Police Commissioners London Defendants Technical Advice & Expert Report as part of successful defence of HSW Act charges. 4H58572 Confidential Investigation into overseas incident Overseas Enforcing Authority Technical Advice and Consultant Reports - Investigation on-going CS/23344 Manslaughter - schoolteacher in charge of children on outing Cumbria Defendants Confidential. Expert Report and Opinion used in mitigation. 4H59501 Manslaughter - care worker charged after scalding incident in residential home Hampshire Defendants Expert Report and Opinion in successful “1/2 time - no case to answer” defence. 4H57237 Corporate and Personal Manslaughter collapse of stack at timber yard Humberside Defendants Expert Report and Opinion, which influenced plea bargain which led to dropping of charges against one defendant. 4H58981 Manslaughter case involving fall of metal panel during demolition Merseyside Defendant Technical Advice and Consultant Report. Acquittal on manslaughter CS/3211 Allegation of manslaughter involving Army Training Instructor following drowning of Cadet South Wales Defendant Technical Advice and Consultant Report in support of successful defence 4H60429 Investigation into potential manslaughter allegations - CONFIDENTIAL Manchester Defendant Technical Advice and Consultant Report - confidential 4H57542 Personal and Corporate Manslaughter following machinery fatality at packaging plant Surrey Defendants Technical Advice and Preliminary Report CS/29026 Manslaughter/Corporate Manslaughter (continued) Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Page 14 of 38 Selected Expert Evidence by Martin Barnard SUBJECT Criminal and Civil LOCATION CLIENT SCOPE OF EVIDENCE REF Manslaughter - Southall Train Crash London Defendant Part of Defence Team in successful acquittal of Driver 36199.SOUT Manslaughter - Residential Home London Defendant Consultant Report and Opinion in successful defence of manslaughter Report significant in minimal penalty for guilty plea Manslaughter/Corporate Manslaughter (continued) 49139.PPAH Manslaughter - Warehousing London Defendant Expert advice in 3-week trial resulting in reduced penalty on 1 offence out of 5 original charges. 46462.ENF Manslaughter - Housing London Defendant Consultant Report and Opinion in successful defence 36199.RVON Personal Manslaughter - fall through fragile roof London Prosecution Expert Report and Opinion for Crown Prosecution Service 4H58485 Manslaughter allegations against 5 individuals following collapse of steel reinforcement Dubai Defendant Technical Advice and Consultant Report translated into Arabic for use in Court in successful acquittal CS/4069 Site supervisor charged with manslaughter following death of young child Leicester Defendant Technical Advice and Consultant Report. Acquittal on manslaughter 4H61921 Personal Manslaughter involving failure of high pressure water main Gwent Defendant Technical Advice and Consultant Report CS/32598 Fatality involving overturning of dumper Midlands Defendant Technical Advice and Preliminary Report in advance of formal interviews of Directors CS/14959 Role of Engineer in civil engineering works Isle of Man Defendant Technical Advice and Consultant Report and Opinion. Defendant acquitted 4H59982 HSW Act Section 37 responsibility of director of contractors charged with neglect London Defendant Technical Advice and Consultant Report and Opinion in successful defence. 4H60281 Manslaughter allegations following collapse of garden wall Midlands Defendant Technical Advice and Consultant Report used in negotiation to drop manslaughter charge CS/27966 Manslaughter - Fall through roof Kent Defendant Consultant Report and Opinion in successful defence 42986.WOO Personal Manslaughter - Construction London Prosecution Consultant Report and Opinion to Crown Prosecution Service 47172.MET Corporate and Personal Manslaughter - Fall through roof Teesside Defendant Consultant Report and Opinion. Expert evidence in Crown Court leading to acquittal in manslaughter charges 4H57468 Individuals under S7/S37 HSW Act Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Page 15 of 38 Selected Expert Evidence by Martin Barnard SUBJECT Criminal and Civil LOCATION CLIENT SCOPE OF EVIDENCE REF Individuals under S7/S37 HSW Act (continued) Corporate and personal responsibility of company director following fatal accident involving reversing lorry. Bedfordshire Defendants Expert Report and Opinion in support of negotiated position on plea. 4H59845 Role of Managing Director Midlands Defendant Consultant Report and Opinion Significant in mitigation in guilty plea 4H56350 Asbestos/Chemicals/Health - Criminal Role of Planning Supervisor in preparation of Pre-Construction Health & Safety Plan with particular reference to asbestos South Wales Defendant Technical Advice and Consultant Report CS/2235 Fatality involving fall of person from sewer access landing Greater Manchester Defendant Technical Advice and Consultant Report CS/17825 Architect charged with 7 counts of manslaughter involving exposure to legionella Cumbria Defendant Technical Advice and Consultant Report. Report significant in acquittal of manslaughter CS/17471 Confidential Investigation into overseas incident Overseas Enforcing Authority Technical Advice and Consultant Reports - Investigation on-going CS/23344 Appeal against Improvement Notice regarding hours of work of staff escorting deportees out of UK South East Defendants Technical Advice and negotiation to bring about agreement on compliance with Notice without formality of Appeal being heard CS/040226 System of work for entry into confined space involving double fatality Suffolk Defendant Technical Advice and Consultant Report used in mitigation resulting in limited fine. CS/3962 Scalding of disabled lady in bath in hotel London Prosecution Technical Advice and Consultant Report in support of successful prosecution 4H57410 Asbestos Removal Bath Defendant Consultant Report and Opinion Gained absolute discharge on guilty plea. 47132.RUH Gas Safety Regulations Home Counties Defendant Expert Report and technical advice in advance of proceedings 36199.DUDY Manslaughter - care worker charged after scalding incident in residential home Hampshire Defendants Expert Report and Opinion in successful “1/2 time - no case to answer” defence. 4H57237 Exposure to asbestos Kent Defendant Consultant Report and Opinion 36056.CAR Scalding of disabled lady in bath in hotel London Claimant Technical Advice and Consultant Report in support of successful settlement 4H59828 Scalding caused by failure of water tank in domestic heating system Cornwall Defendant Technical Advice CS/4584 Chemical Spillage Dorset Defendant Consultant Report and Opinion 35907.PAR Asbestos/Chemicals/Health – Civil Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Page 16 of 38 Selected Expert Evidence by Martin Barnard SUBJECT Criminal and Civil LOCATION CLIENT SCOPE OF EVIDENCE REF Herefordshire Defendant Technical Advice and Briefing Note CS/042179 Multiple fatality during reinforced concrete Construction Norfolk CDM Duty Holder Assistance in investigation of multiple fatality CS/048995 Double fatality involving overhead power lines. Regulation 21: Court of Appeal Case North East Defendant Technical Advice and Consultant Report. Landmark Court of Appeal Judgement CS/4682 Application of the CDM Regulations to tunnelling work London Defendant Technical Advice and Consultant Report 4H60669 Fatality involving person struck by telehandler Buckinghamshire Defendant Technical Advice and Consultant Report - Used in negotiating favourable basis of plea CS/24594 Role of Principal Contractor in monitoring plant inspections during construction work Greater Manchester Defendant Technical Advice and Consultant Report and Opinion - Used in negotiating favourable basis of plea CS/33164 Contact with electrical services during excavation work London Defendant Technical Advice and Consultant Report in successful defence CS/32001 Collapse of tower crane Liverpool Defendant Technical Advice which assisted in dropping of case CS/27483 Role of Engineer in civil engineering works Isle of Man Defendant Technical Advice and Consultant Report and Opinion. Defendant acquitted 4H59982 Access by children onto scaffold at residential property resulting in fatal accident Tyne and Wear Defendant Technical Advice and Consultant Report - Used in negotiating favourable basis of plea CS/33838 Fatality involving fall of person from sewer access landing Greater Manchester Defendant Technical Advice and Consultant Report CS/17825 Fatality involving reversing vehicle on-site Cambridge Defendant Consultant Report and Opinion. Expert evidence in 3-week trial resulting in reduction to penalty for 2 out of original 7 offences. 4H56545 Role of Principal Contractor in monitoring work during construction work Buckinghamshire Defendant Technical Advice and Consultant Report in successful defence CS/33975 Fatal accident involving telescopic handler South East Defendant Technical Advice in advance of criminal interview CS/9493 Fatality involving premature collapse during demolition Scotland Defendant Technical Advice and Consultant Report. Used in mitigation CS/18884 Collapse of concrete beam during lifting Ireland Defendant Technical advice in response to HSA Investigation 4H57546 Collapse of tower crane Merseyside Defendant Technical Advice - Case not pursued CS/27296 Asbestos/Chemicals/Health Civil (Continued) Personal injury case involving care of child with asthma whilst on school trip to residential activity centre CDM Regulations - Criminal Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Page 17 of 38 Selected Expert Evidence by Martin Barnard SUBJECT Criminal and Civil LOCATION CLIENT SCOPE OF EVIDENCE REF Overturning of mini-digger during demolition London Defendant Expert Report and Opinion in support of mitigation 4H56153 Personal Manslaughter - fall through fragile roof London Prosecution Expert Report and Opinion for Crown Prosecution Service 4H58485 Run over by lorry Sussex Defendant Consultant Report and Opinion Expert evidence in Court in successful defence of criminal proceedings 47375LOMB Role of Designer under the CDM Regulations regarding safe access for plant maintenance on roof of building Somerset Defendant Technical Advice and Consultant Report CS/039870 Role of Planning Supervisor in preparation of Pre-Construction Health & Safety Plan with particular reference to asbestos South Wales Defendant Technical Advice and Consultant Report CS/2235 Role of Project Supervisor (Design) in Ireland Ireland Defendant Consultant Report and Opinion resulting in acquittal in District Court 4H56157 Role of Planning Supervisor under CDM Regulations Kent Defendant Expert Report and Opinion in support of mitigation 4H49891 Role of Designer under the CDM Regulations regarding safe access for plant maintenance on roof of building Somerset Defendant Technical Advice and Consultant Report CS/039870 Appeal against Prohibition Notice for roof access at major retail store Chelmsford Defendant Technical Advice and Consultant Report used in negotiated agreement on terms of notice CS/10107 Role of Client under CDM in relation to double fatality during railway maintenance Midlands Defendant Technical Advice and Consultant Report CS/29077 Role of Contractor under CDM Regulations London Defendant Consultant Report and Opinion resulting in Prosecution accepting plea bargain 49137.CWC Role of Principal Contractor in overseeing work near overhead power lines Belfast Defendant Technical Advice and Consultant Report and opinion used in mitigation of Court hearing 4H60959 Fatality involving person struck by telehandler Buckinghamshire Defendant Technical Advice and Consultant Report - Used in negotiating favourable basis of plea CS/24594 Role of Principal Contractor in plant installation at factory Derbyshire Defendant Technical Advice and Consultant Report CS/28574 Application of PUWER and LOLER in offloading vehicle on a construction site Staffordshire Defendant Technical Advice and Consultant Report used in successful negotiation on plea 4H58982 Role of Principal Contractor in overseeing excavation work Scotland Defendant Technical Advice and Consultant Report 4H61576 Role of Principal Contractor in monitoring plant inspections during construction work Greater Manchester Defendant Technical Advice and Consultant Report and Opinion - Used in negotiating favourable basis of plea CS/33164 CDM Regulations - Criminal (continued) Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Page 18 of 38 Selected Expert Evidence by Martin Barnard SUBJECT Criminal and Civil LOCATION CLIENT SCOPE OF EVIDENCE REF Fatality involving bucket falling from excavator into trench. Role of Principal Contractor Essex Defendant Technical Advice and Consultant Report used in successful negotiation on basis of plea CS/15361 Role of Principal Contractor in overseeing steel erection Liverpool Defendant Technical Advice and Consultant Report 4H60182 Fatal accident involving a pedestrian hit by a ‘run-away’ dumper. Role of Principal Contractor Kent Defendant Technical Advice and Consultant Report. Case went to Newton Hearing CS/2622 Contact with electrical services during excavation work London Defendant Technical Advice and Consultant Report in successful defence CS/32001 Access by children onto scaffold at residential property resulting in fatal accident Tyne and Wear Defendant Technical Advice and Consultant Report - Used in negotiating favourable basis of plea CS/33838 Fatality involving reversing vehicle on-site Cambridge Defendant Consultant Report and Opinion. Expert evidence in 3-week trial resulting in reduction to penalty for 2 out of original 7 offences. 4H56545 Role of Principal Contractor in monitoring work during construction work Buckinghamshire Defendant Technical Advice and Consultant Report in successful defence CS/33975 Fatal accident involving telescopic handler South East Defendant Technical Advice in advance of criminal interview CS/9493 Fatality involving premature collapse during demolition Scotland Defendant Technical Advice and Consultant Report. Used in mitigation CS/18884 Fatal Injury from scaffold Spinningfields Manchester Defendant Multiple fatality during reinforced concrete Construction Norfolk CDM Duty Holder Assistance in investigation of multiple fatality CS/048995 Role of Client in Minor Repair Work to fragile roof Birmingham Defendant Technical Advice, Consultant Report and Evidence in Court in successful rebuttal of allegation 4H62061 Role of Planning Supervisor London Defendant Consultant Report and Opinion No liability 48792.DCS Personal Manslaughter involving failure of high pressure water main Gwent Defendant Technical Advice and Consultant Report CS/32598 Fall through fragile roof light during installation of roof edge scaffolding South East London Defendant Technical Advice and Consultant Report CS/3305 Application of the CDM Regulations to tunnelling work London Defendant Technical Advice and Consultant Report 4H60669 CDM Regulations - Criminal (continued) CS/047888 CDM Regulations - Civil Contractors - Managing and Monitoring Criminal Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Page 19 of 38 Selected Expert Evidence by Martin Barnard Criminal and Civil SUBJECT LOCATION CLIENT SCOPE OF EVIDENCE REF Appeal against Prohibition Notice for roof access at major retail store Chelmsford Defendant Technical Advice and Consultant Report used in negotiated agreement on terms of notice CS/10107 Role of Client under CDM in relation to double fatality during railway maintenance Midlands Defendant Technical Advice and Consultant Report CS/29077 Role of Principal Contractor in overseeing work near overhead power lines Belfast Defendant Technical Advice and Consultant Report and opinion used in mitigation of Court hearing 4H60959 Fatality involving person struck by telehandler Buckinghamshire Defendant Technical Advice and Consultant Report - Used in negotiating favourable basis of plea CS/24594 Role of Principal Contractor in plant installation at factory Derbyshire Defendant Technical Advice and Consultant Report CS/28574 Application of PUWER and LOLER in offloading vehicle on a construction site Staffordshire Defendant Technical Advice and Consultant Report used in successful negotiation on plea 4H58982 Role of Principal Contractor in overseeing excavation work Scotland Defendant Technical Advice and Consultant Report 4H61576 Use of concrete pump in proximity to overhead power lines North Wales Defendant Technical Advice and Consultant Report used in successful Newton Hearing 4H62085 Role of Principal Contractor in monitoring plant inspections during construction work Greater Manchester Defendant Technical Advice and Consultant Report and Opinion - Used in negotiating favourable basis of plea CS/33164 Fatality involving bucket falling from excavator into trench. Role of Principal Contractor Essex Defendant Technical Advice and Consultant Report used in successful negotiation on basis of plea CS/15361 Role of Principal Contractor in overseeing steel erection Liverpool Defendant Technical Advice and Consultant Report 4H60182 Fatal accident involving a pedestrian hit by a ‘run-away’ dumper. Role of Principal Contractor Kent Defendant Technical Advice and Consultant Report. Case went to Newton Hearing CS/2622 Contact with electrical services during excavation work London Defendant Technical Advice and Consultant Report in successful defence CS/32001 Collapse of tower crane Liverpool Defendant Technical Advice which assisted in dropping of case CS/27483 Role of Engineer in civil engineering works Isle of Man Defendant Technical Advice and Consultant Report and Opinion. Defendant acquitted 4H59982 Fatality involving fall of person from sewer access landing Greater Manchester Defendant Technical Advice and Consultant Report CS/17825 Role of Principal Contractor in monitoring work during construction work Buckinghamshire Defendant Technical Advice and Consultant Report in successful defence CS/33975 Contractors - Managing and Monitoring Criminal (continued) Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Page 20 of 38 Selected Expert Evidence by Martin Barnard Criminal and Civil SUBJECT LOCATION CLIENT SCOPE OF EVIDENCE REF Overturning of mini-digger during demolition London Defendant Expert Report and Opinion in support of mitigation 4H56153 Personal Manslaughter - fall through fragile roof London Prosecution Expert Report and Opinion for Crown Prosecution Service 4H58485 t Contractors - Managing and Monitoring Criminal (continued) Role of Contractor under CDM Regulations London Defendant Consultant Report and Opinion resulting in Prosecution accepting plea bargain 49137.CWC Role of Planning Supervisor under CDM Regulations Kent Defendant Expert Report and Opinion in support of mitigation 4H49891 Fall from working platform inside 95m high chimney Cumbria Defendants Technical Advice and Report used in gaining agreed basis of plea CS/28753 Role of Facilities Manager in respect of safe systems of work by sub-contractors London Defendants Technical Advice and Consultant Report in successful defence at District Judge Court CS/037034 Occupier’s role in overseeing work of contractor near operating roof fans Essex Defendants Technical Advice and Expert Report. Agreed basis of plea CS/24888 Role of occupier in relation to activities of maintenance contractor South Wales Defendant Technical Advice and Consultant Report used in mitigation in guilty plea CS/3303 Fatal accident during repair of lock gates at dock Humberside Defendant Consultant Report and Opinion which led to considerably reduced penalty in guilty plea 4H58355 Collapse of bridge falsework resulting in fatality Ireland Defendants Technical Advice and Consultant Report. 4H 60959 Collapse of building causing multiple fatality London Defendant Consultant Report and Opinion 47825.WICK Collapse of property during renovation London Claimant Consultant Report and Opinion 34294 Collapse of steel frame building Warwick Claimant Consultant Report and Opinion 40515 Collapse of 2 storey building Bedfordshire Claimant Consultant Report and Opinion 22056 Overturning of steel beam West Midlands Claimant Consultant Report and Opinion 36199.GAR Contact with vehicle in roadworks Surrey Claimant Consultant Report and Opinion 40852 Collapse of large temporary steel roof Sussex Defendant Factual witness statement and evidence in Court. 4H36056 Reversing lorry which caused fatal accident Sussex Defendant Consultant Report and Opinion was instrumental in limiting value of damages. 4H57027 Contractors - Managing and Monitoring Civil Cranes/Lifting Equipment - Criminal Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Page 21 of 38 Selected Expert Evidence by Martin Barnard Criminal and Civil SUBJECT LOCATION CLIENT SCOPE OF EVIDENCE REF Role of Principal Contractor in monitoring plant inspections during construction work Greater Manchester Defendant Technical Advice and Consultant Report and Opinion - Used in negotiating favourable basis of plea CS/33164 Role of Principal Contractor in overseeing steel erection Liverpool Defendant Technical Advice and Consultant Report 4H60182 Collapse of tower crane Liverpool Defendant Technical Advice which assisted in dropping of case CS/27483 HSW Act Section 37 responsibility of director of contractors charged with neglect London Defendant Technical Advice and Consultant Report and Opinion in successful defence. 4H60281 Fatality involving premature collapse during demolition Scotland Defendant Technical Advice and Consultant Report. Used in mitigation CS/18884 Manslaughter allegations against 5 individuals following collapse of steel reinforcement Dubai Defendant Technical Advice and Consultant Report translated into Arabic for use in Court in successful acquittal CS/4069 Role of Principal Contractor in plant installation at factory Derbyshire Defendant Technical Advice and Consultant Report CS/28574 Application of PUWER and LOLER in offloading vehicle on a construction site Staffordshire Defendant Technical Advice and Consultant Report used in successful negotiation on plea 4H58982 Collapse of tower crane Merseyside Defendant Technical Advice - Case not pursued CS/27296 Corporate Manslaughter - Construction London Prosecution Consultant Report and Opinion for Crown Prosecution Service 4H55112 Fatality involving movement of a load by mobile crane Essex Defendant Technical and Consultant Report - Case Pending CS/043067 Fatal accident involving telescopic handler South East Defendant Technical Advice in advance of criminal interview CS/9493 Fatality involving overturning of telehandler Oxfordshire Defendants Technical Advice and Consultant Report - Case Pending CS/041109 Use of concrete pump in proximity to overhead power lines North Wales Defendant Technical Advice and Consultant Report used in successful Newton Hearing 4H62085 Personal Manslaughter - Construction: failure of hoist London Prosecution Consultant Report and Opinion to Crown Prosecution Service 47172.MET Collapse of concrete beam during lifting Southern Ireland Engineer Technical advice in response to HSA Investigation 4H57546 Collapse of concrete beam during lifting Republic of Ireland Defendant Technical advice in response to HSA Investigation 4H57546 Fatality on an MEWP Bootle Defendant Cranes/Lifting Equipment - Criminal (continued) Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 CS/047828 Page 22 of 38 Selected Expert Evidence by Martin Barnard SUBJECT Criminal and Civil LOCATION CLIENT SCOPE OF EVIDENCE REF Design and use of Quick Hitch mechanism involved in serious accident London Defendants Technical Advice and Report Agreed Settlement CS/28099 Fall from crane Glasgow Claimant Consultant Report and Opinion Evidence in Court won full liability. 36199.KENN Fatal accident involving collapse of large panes of glass from wooden crate London Claimant Consultant Report and Opinion used in successful settlement CS/29915 Fatality involving overturning of dumper Midlands Defendant Technical Advice and Preliminary Report in advance of formal interviews of Directors CS/14959 Role of Principal Contractor in overseeing excavation work Scotland Defendant Technical Advice and Consultant Report 4H61576 Failure of bucket connection to excavator London Equipment Supplier Technical advice and representative to HSE 4H57099 Fatality involving bucket falling from excavator into trench. Role of Principal Contractor Essex Defendant Technical Advice and Consultant Report used in successful negotiation on basis of plea CS/15361 Contact with electrical services during excavation work London Defendant Technical Advice and Consultant Report in successful defence CS/32001 Role of Engineer in civil engineering works Isle of Man Defendant Technical Advice and Consultant Report and Opinion. Defendant acquitted 4H59982 Role of Project Supervisor (Construction) & Health and Safety Co-ordinator in Ireland Ireland Defendant Consultant Report and Opinion resulting in acquittal in District Court 4H57546 Manslaughter allegations following collapse of garden wall Midlands Defendant Technical Advice and Consultant Report used in negotiation to drop manslaughter charge CS/27966 Fatality involving use of excavator during demolition work Greater Manchester Defendant Technical Advice and Consultant Report - Evidence given in successful defence CS/004682 Application of the CDM Regulations to tunnelling work London Defendant Technical Advice and Consultant Report 4H60669 Personal Manslaughter involving failure of high pressure water main Gwent Defendant Technical Advice and Consultant Report CS/32598 Role of Principal Contractor in monitoring work during construction work Buckinghamshire Defendant Technical Advice and Consultant Report in successful defence CS/33975 Fatality during site investigation. First case under Corporate Manslaughter Act Gloucestershire Defendants Technical Advice and Consultant Report - Case Pending CS/040316 Design and use of Quick Hitch mechanism involved in serious accident London Defendants Technical Advice and Report Agreed Settlement CS/28099 Cranes/Lifting Equipment - Civil Groundworks/Excavations - Criminal Groundworks/Excavations - Civil Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Page 23 of 38 Selected Expert Evidence by Martin Barnard SUBJECT Criminal and Civil LOCATION CLIENT SCOPE OF EVIDENCE REF Site supervisor charged with manslaughter following death of young child Leicester Defendant Technical Advice and Consultant Report. Acquittal on manslaughter 4H61921 Double fatality involving overhead power lines. Regulation 21: Court of Appeal Case North East Defendant Technical Advice and Consultant Report. Landmark Court of Appeal Judgement CS/4682 Role of Principal Contractor in overseeing work near overhead power lines Belfast Defendant Technical Advice and Consultant Report and opinion used in mitigation of Court hearing 4H60959 Use of concrete pump in proximity to overhead power lines North Wales Defendant Technical Advice and Consultant Report used in successful Newton Hearing 4H62085 Contact with electrical services during excavation work London Defendant Technical Advice and Consultant Report in successful defence CS/32001 Fatality involving contact between overhead crane and MEWP Cheshire Defendant Technical Advice and Consultant Report CS/041787 Corporate and Personal Manslaughter collapse of stack at timber yard Humberside Defendants Expert Report and Opinion, which influenced plea bargain which led to dropping of charges against one defendant. 4H58981 Case involving fall of material from racking at retail store West Sussex Defendants Technical Advice and Expert Report. Significant in securing minimal penalty. CS/15674 Slip on floor in kitchen in large retail store Newcastle Defendant Technical Advice and Consultant Report in support of negotiated position on plea 4H62116 Personal Manslaughter involving failure of high pressure water main Gwent Defendant Technical Advice and Consultant Report CS/32598 Fatal accident involving collapse of large panes of glass from wooden crate London Claimant Consultant Report and Opinion used in successful settlement CS/29915 Back injury during lifting of timber Middlesex Claimant Consultant Report and Opinion. Expert evidence given in Court. 4H46387 Manual Handling Merseyside Claimant Consultant Report and Opinion 40290 Falling material London Claimant Consultant Report and Opinion 35736 Double fatality involving overhead power lines North East Defendants Consultant Report and Opinion in civil case following involvement in successful defence of criminal proceedings CS/33825 Contact with overhead power lines Hertfordshire Claimant Consultant Report and Opinion 36199.WIS Place of Work/Services - Criminal Place of Work/Services - Criminal (continued) Place of Work/Services - Civil Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Page 24 of 38 Selected Expert Evidence by Martin Barnard Criminal and Civil SUBJECT LOCATION CLIENT SCOPE OF EVIDENCE REF Injury to driver of lorry from falling load. Acting for supplier of load Glasgow Defendant Technical Advice - Case Pending CS/039052 Fall from height in steel stockholding warehouse Crawley Claimant Consultant Report and Opinion 40714.COR Slip on a ship At sea SJE Consultant Report and Opinion 4H 57029 Slipping accident in office premises Croydon Defendant Consultant Report and Opinion 35907.EWE Tripping accident to customer in D I Y Superstore Dartford Claimant Consultant Report and Opinion 40881.EAU Fall to child visitor to interactive science museum Bristol Claimant Consultant Report and Opinion 37096.DRU Fall from lorry tailgate Bristol Claimant Consultant Report and Opinion Evidence in Crown Court Hearing 35259 Fall on steps in historic building Surrey Defendant Consultant Report and Opinion 35907.DNH Fall on steps London Defendant Consultant Report and Opinion 35907.SBRE Slip on floor London Claimant Consultant Report and Opinion 34249 Fall on path Derbyshire Defendant Consultant Report and Opinion 35907.PEL Fall on steps Gwynedd Defendant Consultant Report and Opinion 35907.PRI Fall on steps Suffolk Defendant Consultant Report and Opinion 35907.WEL Fall on step Sussex Claimant Consultant Report and Opinion 36766 Slip on Floor in Supermarket Somerset Claimant Consultant Report and Opinion 46387.WRIG Fall on Stairs Leeds Claimant Consultant Report and Opinion in successful settlement of case 47018.VANT Site supervisor charged with manslaughter following death of young child Leicester Defendant Technical Advice and Consultant Report. Acquittal on manslaughter 4H61921 Collapse of scaffold which caused death of 4 year old girl South East London Defendant Technical Advice and Consultant Report used in successful negotiation of plea CS/21744 Access by children onto scaffold at residential property resulting in fatal accident Tyne and Wear Defendant Technical Advice and Consultant Report - Used in negotiating favourable basis of plea CS/33838 Fatal accident to member of public at passenger lift London Defendants Consultant Report and Opinion CS/33971 Fatality involving rollercoaster ride at Theme Park North Yorkshire Defendants Technical Advice and Consultant Report. Significant in negotiated basis on plea. CS/18905 Fatality involving member of public hit by Surrey Defendants Technical Advice and Consultant CS/037867 Place of Work/Services - Civil (continued) Public/Children/Others - Criminal Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Page 25 of 38 Selected Expert Evidence by Martin Barnard SUBJECT Criminal and Civil LOCATION CLIENT reversing refuse collection vehicle SCOPE OF EVIDENCE REF Report which caused prosecution to drop case Death of 4 year old child during play-time at school Gwynedd Defendant Technical Advice and Consultant Report. Mentioned in landmark court of appeal judgement. CS/23078 Death of 7 year old child in incident involving collision of fork lift trucks Essex Defendants Technical Advice and Expert Report. Significant in issues re basis of plea CS/22953 Prosecution involving traffic/pedestrian movements at large retail store Leicester Defendants Technical Advice and Preliminary Consultant Report. Report significant in mitigation CS/9761 Fatality involving member of public falling from bridge at historic monument Warwickshire Prosecution Technical Advice and Consultant Report CS/034942 Death of young child when wall of council property was blown over in high winds London Defendants Technical Advice and Consultant Report - Case Pending CS/039858 Bath Defendant Consultant Report and Opinion Gained absolute discharge on guilty plea. 47132.RUH West Sussex Defendants Technical Advice and Expert Report. Significant in securing minimal penalty. CS/15674 Collapse of guyed structure Kent Defendant Technical Adviser to Counsel in HSE prosecution 21726 Scalding of disabled lady in bath in hotel London Claimant Technical Advice and Consultant Report in support of successful settlement 4H59828 Slip on a ship At sea SJE Consultant Report and Opinion 4H 57029 Tripping accident to customer in D I Y Superstore Dartford Claimant Consultant Report and Opinion 40881.EAU Fall to child visitor to interactive science museum Bristol Claimant Consultant Report and Opinion 37096.DRU Fall of 14 year old boy through fragile skylight Hampshire Defendant Preliminary Report to advise on site details CS/21938 Scalding caused by failure of water tank in domestic heating system Cornwall Defendant Technical Advice CS/4584 Fall on steps in historic building Surrey Defendant Consultant Report and Opinion 35907.DNH Fall on steps London Defendant Consultant Report and Opinion 35907.SBRE Slip on floor London Claimant Consultant Report and Opinion 34249 Fall on path Derbyshire Defendant Consultant Report and Opinion 35907.PEL Fall on steps Gwynedd Defendant Consultant Report and Opinion 35907.PRI Fall on steps Suffolk Defendant Consultant Report and Opinion 35907.WEL Public/Children/Others - Criminal (continued) Asbestos Removal Case involving fall of material from racking at retail store Public/Children/Others - Civil Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Page 26 of 38 Selected Expert Evidence by Martin Barnard Criminal and Civil SUBJECT LOCATION CLIENT SCOPE OF EVIDENCE REF Fall on step Sussex Claimant Consultant Report and Opinion 36766 Slip on Floor in Supermarket Somerset Claimant Consultant Report and Opinion 46387.WRIG Fall on Stairs Leeds Claimant Consultant Report and Opinion in successful settlement of case 47018.VANT Manchester Defendant Report Pending CS/047888 Role of Planning Supervisor under CDM Regulations Kent Defendant Expert Report and Opinion in support of mitigation 4H49891 Fatality involving premature collapse during demolition Scotland Defendant Technical Advice and Consultant Report. Used in mitigation CS/18884 Overturning of mini-digger during demolition London Defendant Expert Report and Opinion in support of mitigation 4H56153 Fatality involving use of excavator during demolition work Greater Manchester Defendant Technical Advice and Consultant Report - Evidence given in successful defence CS/004682 Fatality involving premature collapse of steel structure during dismantling Tyneside Defendant Technical Advice and Consultant Report - Case Pending CS/042023 Fatality involving movement of a load by mobile crane Essex Defendant Technical and Consultant Report - Case Pending CS/043067 Manslaughter allegations against 5 individuals following collapse of steel reinforcement Dubai Defendant Technical Advice/Consultant Report translated into Arabic for use in Court in successful acquittal CS/04069 Role of Principal Contractor on overseeing steel erection Liverpool Defendant Technical Advice and Consultant Report 4H60182 Collapse of concrete beam during lifting Southern Ireland Engineer Technical advice in response to HSA Investigation 4H57546 Role of Project Supervisor (Design) in Ireland Ireland Defendant Consultant Report and Opinion resulting in acquittal in District Court 4H56157 Fatality involving premature collapse of steel structure during dismantling Tyneside Defendant Technical Advice and Consultant Report - Case Pending CS/042023 Manslaughter case involving fall of metal panel during demolition Merseyside Defendant Technical Advice and Consultant Report. Acquittal on manslaughter CS/3211 Fatality involving overturning of safe being removed from old bank Plymouth Defendants Technical Advice and Consultant Report. Report significant in mitigation CS/17442 Fatal Injury from scaffold Spinningfields Manchester Defendant Structures/Erection/Temporary Works/Demolition - Criminal Fatality involving collapse of temporary works in steel erection Structures/Erection/Temporary Works/Demolition - Criminal (continued) CS/047888 Structures/Erection/Temporary Works/Demolition - Civil Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Page 27 of 38 Selected Expert Evidence by Martin Barnard Criminal and Civil SUBJECT LOCATION CLIENT SCOPE OF EVIDENCE REF Death due to premature collapse of building during demolition Edinburgh Defendant Expert Report for civil action Case Settled CS/18884 Safe access to fire damaged building preparatory to demolition Glasgow Defendants Technical Advice Preliminary Report CS/32163 Collapse of bridge falsework resulting in fatality Ireland Defendants Technical AdviceConsultant Report. 4H 60959 Collapse of building causing multiple fatality London Defendant Consultant Report and Opinion 47825.WICK Fall From Steel Work South Wales Defendant Consultant Report and Opinion 47827.WATS Collapse of property during renovation London Claimant Consultant Report and Opinion 34294 Fall from falsework London Claimant Consultant Report and Opinion 34858 Collapse of steel frame building Warwick Claimant Consultant Report and Opinion 40515 Collapse of guyed structure Kent Defendant Technical Adviser to Counsel in HSE prosecution 21726 Collapse of 2 storey building Bedfordshire Claimant Consultant Report and Opinion 22056 Overturning of steel beam West Midlands Claimant Consultant Report and Opinion 36199.GAR Fall from falsework London Defendant Consultant Report and Opinion and Expert evidence in Court 36199.WIL Fall from falsework Brighton Defendant Consultant Report and Opinion 37493 Fall during steel erection Suffolk Claimant Consultant Report and Opinion 30128 Collapse of large temporary steel roof Sussex Defendant Factual witness statement and evidence in Court. 4H36056 Fall from decking London Claimant Consultant Report and Opinion 34245 Fall from window London Claimant Consultant Report and Opinion 34248 Fall from falsework London Claimant Consultant Report and Opinion 30853 Fall during steel erection South Wales Defendant Consultant Report and Opinion which limited liability in substantial claim 4H46510 TURN HSE v Metropolitan Police Commissioners London Defendants Technical Advice & Expert Report as part of successful defence of HSW Act charges. 4H58572 Fatality involving rollercoaster ride at Theme Park North Yorkshire Defendants Technical Advice and Consultant Report. Significant in negotiated basis on plea. CS/18905 Fatality involving member of public hit by reversing refuse collection vehicle Surrey Defendants Technical Advice and Consultant Report which caused prosecution to drop case CS/037867 Safe systems of work in major international airport. Sussex Defendants Technical Advice and Expert Report and Opinion in original case. Appeal and re-hearing. 4H 57307 Structures/Erection/Demolition - Civil (continued) Systems of Work - Criminal Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Page 28 of 38 Selected Expert Evidence by Martin Barnard Criminal and Civil SUBJECT LOCATION CLIENT SCOPE OF EVIDENCE REF Role of Facilities Manager in respect of safe systems of work by sub-contractors London Defendants Technical Advice and Consultant Report in successful defence at District Judge Court CS/037034 Death of 4 year old child during play-time at school Gwynedd Defendant Technical Advice and Consultant Report. Mentioned in landmark court of appeal judgement. CS/23078 Death involving overturning of ATV at major sporting event Gloucestershire Defendants Technical Advice and Expert Report. Significant in acquittal on all charges. CS/25612 Appeal against Improvement Notice regarding hours of work of staff escorting deportees out of UK South East Defendants Technical Advice and negotiation to bring about agreement on compliance with Notice without formality of Appeal being heard CS/040226 System of work for entry into confined space involving double fatality Suffolk Defendant Technical Advice and Consultant Report used in mitigation resulting in limited fine. CS/3962 Traffic management at waste transfer facility Sunderland Defendants Technical Advice and Consultant Report - used in negotiating favourable basis of plea. CS/33469 Fatality involving pedestrian hit by lorry at warehouse Northants Prosecution Technical advice and Consultant Report resulting in Guilty plea CS/15678 Application of EC Machinery Directive to importation of equipment into UK as part of manslaughter case Staffordshire Defendants Technical Advice used as part of successful Defence of personal and corporate manslaughter allegations CS/19393 Fatality involving lift truck being driven through doorway with elevated mast Nottingham Defendants Technical Advice and Consultant Report - Favourable basis of plea reached CS/039558 Reversing of HGV lorries resulting in driver being crushed Staffordshire Prosecution Consultant Report and Opinion used in obtaining guilty plea. CS/29822 Manslaughter - schoolteacher in charge of children on outing Cumbria Defendants Confidential. Expert Report and Opinion used in mitigation. 4H59501 Fatality involving supervisor trapped in blending machine at chemical factory Greater Manchester Defendants Technical Advice and Consultant Report - Case Pending CS/040585 Fatality involving operator of depalletiser machine Halifax Defendants Technical Advice and Consultant Report to assist at Inquest CS/039714 HSE Prosecution following injury during trailer shunting operations at vehicle depot Leicestershire Defendants Technical Advice and Report used in successful defence CS/30962 Guarding of out-feed from food processing machinery Norfolk Defendants Technical Advice and Consultant Report CS/039062 Fatality involving vehicle movement at waste disposal facility Hong Kong Defendants Technical Advice and Consultant Report used in mitigation to guilty plea CS/14758 Fatality involving litter picking at grass verge of dual carriageway Kent Defendants Technical Advice and Consultant Report - Case Pending CS/039508 Investigation into fall of goods from lorry during Scotland Defendants Technical Advice and Preliminary CS/31618 Systems of Work - Criminal (continued) Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Page 29 of 38 Selected Expert Evidence by Martin Barnard SUBJECT Criminal and Civil LOCATION CLIENT off-loading SCOPE OF EVIDENCE REF Report Allegation of manslaughter involving Army Training Instructor following drowning of Cadet South Wales Defendant Technical Advice and Consultant Report in support of successful defence 4H60429 Investigation into potential manslaughter allegations - CONFIDENTIAL Manchester Defendant Technical Advice and Consultant Report - confidential 4H57542 Fatality at in-feed mechanism to food process machinery Dorset Defendants Technical Advice and Consultant Report CS/038223 Role of occupier in relation to activities of maintenance contractor South Wales Defendant Technical Advice and Consultant Report used in mitigation in guilty plea CS/3303 Prosecution of retail store in relation to fatality of specialist roofing contractor Bradford Defendants Technical Advice and Consultant Report - Prosecution dropped proceedings CS/041733 Scalding of disabled lady in bath in hotel London Prosecution Technical Advice and Consultant Report in support of successful prosecution 4H57410 System of work for use of large Front End Loader in warehouse Liverpool Defendants Technical Advice and Consultant Report which led to low penalty in guilty plea 4H61851 Fatal accident during repair of lock gates at dock Humberside Defendant Consultant Report and Opinion which led to considerably reduced penalty in guilty plea 4H58355 Role of Managing Director Midlands Defendant Consultant Report and Opinion Significant in mitigation in guilty plea 4H56350 Fatality involving member of public falling from bridge at historic monument Warwickshire Prosecution Technical Advice and Consultant Report CS/034942 System of work for cleaning kettles in hotel North London Defendant Technical Advice and Consultant Report used in successful rebuttal of allegations during investigation CS/1256 Death of young child when wall of council property was blown over in high winds London Defendants Technical Advice and Consultant Report - Case Pending CS/039858 Manslaughter - Residential Home London Defendant Consultant Report and Opinion in successful defence of manslaughter Report significant in minimal penalty for guilty plea Systems of Work - Criminal (continued) 49139.PPAH Fatality involving connection of tractor to trailer at large distribution depot Berkshire Defendants Technical Advice and Consultant Report used in mitigation CS/038372 Manslaughter - Housing London Defendant Consultant Report and Opinion in successful defence 36199.RVON Gas Safety Regulations Home Counties Defendant Expert Report and technical advice in advance of proceedings 36199.DUDY Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Page 30 of 38 Selected Expert Evidence by Martin Barnard Criminal and Civil SUBJECT LOCATION CLIENT SCOPE OF EVIDENCE REF Fatality involving fall during window cleaning Hull Defendants Technical Advice and Briefing Note CS/039455 Fall from Bridgeworks Cheshire SJE Consultant Report and Opinion 4H 49891 Death due to premature collapse of building during demolition Edinburgh Defendant Expert Report for civil action Case Settled CS/18884 Exposure to asbestos Kent Defendant Consultant Report and Opinion 36056.CAR Back injury during lifting of timber Middlesex Claimant Consultant Report and Opinion. Expert evidence given in Court. 4H46387 Toppling of machinery Norfolk Defendant Consultant Report and Opinion 34131 Contact with vehicle Essex Claimant Consultant Report and Opinion 32021 Falling material London Claimant Consultant Report and Opinion 35736 Manual Handling Merseyside Claimant Consultant Report and Opinion 40290 Application of safety procedures during salvage of oil rig in Gulf of Mexico USA Claimant Technical Advice CS/30709 Use of VDU’s in office resulting in alleged ULD. London Defendant Technical Advice and Consultant Report - used in negotiated settlement 4H62556 Slipping accident in office premises Croydon Defendant Consultant Report and Opinion 35907.EWE Fall of employee in hairdressing salon Bognor Regis Claimant Consultant Report and Opinion 40403.REB Injury caused by overturning of ATV West Country Defendant Expert Report for civil action Successful negotiated position CS/27718 Chemical Spillage Dorset Defendant Consultant Report and Opinion 35907.PAR Personal injury case involving care of child with asthma whilst on school trip to residential activity centre Herefordshire Defendant Technical Advice and Briefing Note CS/042179 Extent of Risk Assessment London Defendant Consultant Report and Opinion which saw Claim withdrawn 46394.CLAR Safe system of work for Driving Examiners Sussex Defendant Consultant Report and Opinion 4H35907.DLA Death of driver of lift truck whose elevated mast collided with doorway Nottingham Defendants Technical Advice and Consultant Report - Case Pending CS/042425 Role of Client under CDM in relation to double fatality during railway maintenance Midlands Defendant Technical Advice and Consultant Report CS/29077 Fatality involving overturning of dumper Midlands Defendant Technical Advice and Preliminary Report in advance of formal interviews of Directors CS/14959 Fatality involving person struck by telehandler Buckingham- Defendant Technical Advice and Consultant CS/24594 Systems of Work - Civil Systems of Work - Civil (continued) Transport/Vehicles/Lift Trucks - Criminal Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Page 31 of 38 Selected Expert Evidence by Martin Barnard SUBJECT Criminal and Civil LOCATION CLIENT shire SCOPE OF EVIDENCE REF Report - Used in negotiating favourable basis of plea Fatal accident involving a pedestrian hit by a ‘run-away’ dumper. Role of Principal Contractor Kent Defendant Technical Advice and Consultant Report. Case went to Newton Hearing CS/2622 Application of PUWER and LOLER in offloading vehicle on a construction site Staffordshire Defendant Technical Advice and Consultant Report used in successful negotiation on plea 4H58982 Fatality involving reversing vehicle on-site Cambridge Defendant Consultant Report and Opinion. Expert evidence in 3-week trial resulting in reduction to penalty for 2 out of original 7 offences. 4H56545 Fatal accident involving telescopic handler South East Defendant Technical Advice in advance of criminal interview CS/9493 Run over by lorry Sussex Defendant Consultant Report and Opinion Expert evidence in Court in successful defence of criminal proceedings 47375LOMB Fatality involving contact between overhead crane and MEWP Cheshire Defendant Technical Advice and Consultant Report CS/041787 Fatality involving reversing vehicle at road works South Yorkshire Defendant Technical Advice and Consultant Report used in negotiating favourable basis of plea CS/037371 Fatality involving overturning of telehandler Oxfordshire Defendant Technical Advice and Consultant Report - Case Pending CS/041109 Role of Principal Contractor in monitoring work during construction work Buckinghamshire Defendant Technical Advice and Consultant Report in successful defence CS/33975 Corporate and personal responsibility of company director following fatal accident involving reversing lorry. Bedfordshire Defendants Expert Report and Opinion in support of negotiated position on plea. 4H59845 Fatality involving member of public hit by reversing refuse collection vehicle Surrey Defendants Technical Advice and Consultant Report which caused prosecution to drop case CS/037867 Death involving overturning of ATV at major sporting event Gloucestershire Defendants Technical Advice and Expert Report. Significant in acquittal on all charges. CS/25612 Traffic management at waste transfer facility Sunderland Defendants Technical Advice and Consultant Report - used in negotiating favourable basis of plea. CS/33469 Fatality involving pedestrian hit by lorry at warehouse Northants Prosecution Technical advice and Consultant Report resulting in Guilty plea CS/15678 Fatality involving lift truck being driven through doorway with elevated mast Nottingham Defendants Technical Advice and Consultant Report - Favourable basis of plea reached CS/039558 Transport/Vehicles/Lift Trucks - Criminal (continued) Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Page 32 of 38 Selected Expert Evidence by Martin Barnard Criminal and Civil SUBJECT LOCATION CLIENT SCOPE OF EVIDENCE REF Reversing of HGV lorries resulting in driver being crushed Staffordshire Prosecution Consultant Report and Opinion used in obtaining guilty plea. CS/29822 HSE Prosecution following injury during trailer shunting operations at vehicle depot Leicestershire Defendants Technical Advice and Report used in successful defence CS/30962 Death of 7 year old child in incident involving collision of fork lift trucks Essex Defendants Technical Advice and Expert Report. Significant in issues re basis of plea CS/22953 Fatality involving vehicle movement at waste disposal facility Hong Kong Defendants Technical Advice and Consultant Report used in mitigation to guilty plea CS/14758 Fatality involving litter picking at grass verge of dual carriageway Kent Defendants Technical Advice and Consultant Report - Case Pending CS/039508 Investigation into fall of goods from lorry during off-loading Scotland Defendants Technical Advice and Preliminary Report CS/31618 Death involving fall from lorry at transport depot Manchester Defendants Technical Advice and Consultant Report and Opinion CS/23979 Manual handling injury in tyre repair London Prosecution Technical Advice and Consultant Report in support of successful prosecution 4H60837 System of work for use of large Front End Loader in warehouse Liverpool Defendants Technical Advice and Consultant Report which led to low penalty in guilty plea 4H61851 Fall of employee from tail-gate of delivery lorry North Yorkshire Defendants Technical Advice and Briefing Note CS/042911 Fatality involving fall from bed of delivery lorry Manchester Defendant Expert Report used in agreed basis of plea CS/23979 Prosecution involving traffic/pedestrian movements at large retail store Leicester Defendants Technical Advice and Preliminary Consultant Report. Report significant in mitigation CS/9761 Manslaughter - Southall Train Crash London Defendant Part of Defence Team in successful acquittal of Driver 36199.SOUT Fatality involving connection of tractor to trailer at large distribution depot Berkshire Defendants Technical Advice and Consultant Report used in mitigation CS/038372 Manslaughter - Warehousing London Defendant Expert advice in 3-week trial resulting in reduced penalty on 1 offence out of 5 original charges. 46462.ENF Contact with overhead power lines Hertfordshire Claimant Consultant Report and Opinion 36199.WIS Contact with vehicle in roadworks Surrey Claimant Consultant Report and Opinion 40852 Contact with vehicle Essex Claimant Consultant Report and Opinion 32021 Transport/Vehicles/Lift Trucks - Criminal (continued) Transport/Vehicles/Lift Trucks - Civil Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Page 33 of 38 Selected Expert Evidence by Martin Barnard Criminal and Civil SUBJECT LOCATION CLIENT SCOPE OF EVIDENCE REF Reversing lorry which caused fatal accident Sussex Defendant Consultant Report and Opinion was instrumental in limiting value of damages. 4H57027 Injury to driver of lorry from falling load. Acting for supplier of load Glasgow Defendant Technical Advice - Case Pending CS/039052 Injury caused by overturning of ATV West Country Defendant Expert Report for civil action Successful negotiated position CS/27718 Death of driver of lift truck whose elevated mast collided with doorway Nottingham Defendants Technical Advice and Consultant Report - Case Pending CS/042425 Fall through fragile roof light during installation of roof edge scaffolding South East London Defendant Technical Advice and Consultant Report CS/3305 Appeal against Prohibition Notice for roof access at major retail store Chelmsford Defendant Technical Advice and Consultant Report used in negotiated agreement on terms of notice CS/10107 HSW Act Section 37 responsibility of director of contractors charged with neglect London Defendant Technical Advice and Consultant Report and Opinion in successful defence. 4H60281 Personal Manslaughter - fall through fragile roof London Prosecution Expert Report and Opinion for Crown Prosecution Service 4H58485 Manslaughter - Fall through roof Kent Defendant Consultant Report and Opinion in successful defence 42986.WOO Corporate and Personal Manslaughter - Fall through roof Teesside Defendant Consultant Report and Opinion. Expert evidence in Crown Court leading to acquittal in manslaughter charges 4H57468 Collapse of scaffold which caused death of 4 year old girl South East London Defendant Technical Advice and Consultant Report used in successful negotiation of plea CS/21744 Access by children onto scaffold at residential property resulting in fatal accident Tyne and Wear Defendant Technical Advice and Consultant Report - Used in negotiating favourable basis of plea CS/33838 Fall from mobile tower London Defendant Consultant Report and Opinion resulting in acquittal at Magistrates Court 48792.W&G Fall through fragile roof light during installation of roof edge scaffolding South East London Defendant Technical Advice and Consultant Report CS/3305 Personal Manslaughter - Construction London Prosecution Consultant Report and Opinion to Crown Prosecution Service 47172.MET Fatality involving fall of person from sewer access landing Greater Manchester Defendant Technical Advice and Consultant Report CS/17825 Fall from working platform inside 95m high chimney Cumbria Defendants Technical Advice and Report used in gaining agreed basis of plea CS/28753 Work at Height - Criminal Work at Height - Criminal (continued) Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Page 34 of 38 Selected Expert Evidence by Martin Barnard Criminal and Civil SUBJECT LOCATION CLIENT SCOPE OF EVIDENCE REF Death involving fall from lorry at transport depot Manchester Defendants Technical Advice and Consultant Report and Opinion CS/23979 Prosecution of retail store in relation to fatality of specialist roofing contractor Bradford Defendants Technical Advice and Consultant Report - Prosecution dropped proceedings CS/041733 Fall of employee from tail-gate of delivery lorry North Yorkshire Defendants Technical Advice and Briefing Note CS/042911 Fatality involving fall from bed of delivery lorry Manchester Defendant Expert Report used in agreed basis of plea CS/23979 Fatality involving fall during window cleaning Hull Defendants Technical Advice and Briefing Note CS/039455 Fatal accident on an MEWP Bootle Defendant Hampshire Claimant Consultant Report and Opinion 41167 Fall from ladder whilst accessing scaffold Birmingham Claimant Technical Advice and Briefing Note CS/041441 Fall from ladder Hampshire Claimant Technical Advice and Expert Report - Case Settled CS/26108 Fall during painting Essex Claimant Consultant Report and Opinion 35824 Fall through roof Berkshire Claimant Consultant Report and Opinion Evidence in Court won substantial increase in damages 43573.ELLI Fall from roof Glasgow Defendant Consultant Report and Opinion 48215.MACT Fall from top of building Bedfordshire Claimant Consultant Report and Opinion 33136 Fall through roof light Essex Claimant Consultant Report and Opinion 36199.GOD Surveyor fell through fragile roof light Middlesex Claimant Consultant Report and Opinion resulting in substantial award of damages. 4H48987 SAUN Fall from mobile tower Lincolnshire Claimant Consultant Report and Opinion Evidence in Court won substantial increase in damages 43852.HAN Fall From Scaffold Middlesex Defendant Consultant Report and Opinion 46510.COYN Fall from scaffolding Essex Claimant Consultant Report and Opinion 34295 Fall off scaffold Sussex Claimant Consultant Report and Opinion and Expert evidence in Court 38340 Fall off scaffold London Claimant Consultant Report and Opinion 37610 Collapse of temporary rail Sussex Defendant Consultant Report and Opinion and Expert evidence in Court 31969 Fall from scaffold Essex Claimant Consultant Report and Opinion 34243 CS/047828 Work at Height - Civil Fall from ladder Work at Height - Civil (continued) Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Page 35 of 38 Selected Expert Evidence by Martin Barnard Criminal and Civil SUBJECT LOCATION CLIENT SCOPE OF EVIDENCE REF Fall from scaffold Midlands Claimant Technical Advice and Expert Report - Case Settled CS/25925 Collapse of mobile tower Lincolnshire Claimant Consultant Report and Opinion 35258 Fall from scaffold London Defendant Consultant Report and Opinion 36056.UNI Scaffolder fell from scaffold when guard-rail gave way Devon Claimant Consultant Report and Opinion resulting in substantial award of damages. 4H43948 Fall from scaffold London Claimant Technical Advice and Preliminary Report - Case settled on favourable basis CS/26487 Fall of individual through ceiling at factory during plant installation Telford Claimant Technical Advice and Consultant Report. Full damages awarded CS/2558 Fall from Bridgeworks Cheshire SJE Consultant Report and Opinion 4H 49891 Fall from crane Glasgow Claimant Consultant Report and Opinion Evidence in Court won full liability. 36199.KENN Fall From Steel Work South Wales Defendant Consultant Report and Opinion 47827.WATS Fall from falsework London Claimant Consultant Report and Opinion 34858 Fall from falsework London Defendant Consultant Report and Opinion and Expert evidence in Court 36199.WIL Fall from falsework Brighton Defendant Consultant Report and Opinion 37493 Fall during steel erection Suffolk Claimant Consultant Report and Opinion 30128 Fall from decking London Claimant Consultant Report and Opinion 34245 Fall from window London Claimant Consultant Report and Opinion 34248 Fall from falsework London Claimant Consultant Report and Opinion 30853 Fall during steel erection South Wales Defendant Consultant Report and Opinion which limited liability in substantial claim 4H46510 TURN Safe access to fire damaged building preparatory to demolition Glasgow Defendants Technical Advice and Preliminary Report CS/32163 Fall during window cleaning London Claimant Technical Advice and Preliminary Consultant Report - used in negotiated deal CS/21235 Fall from ladder Sussex Defendant Consultant Report and Opinion 35223 Fall off access plank during passage from barge to Quay Kent Claimant Consultant Report and Opinion. In support of successful settlement. 4H58258 Fall through barn roof Devon SJE Consultant Report and Opinion 4H 56173 Work at Height - Civil (continued) Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Page 36 of 38 Selected Expert Evidence by Martin Barnard Criminal and Civil SUBJECT LOCATION CLIENT SCOPE OF EVIDENCE REF Fall of 14 year old boy through fragile skylight Hampshire Defendant Preliminary Report to advise on site details CS/21938 Fall from lift roof Sussex Claimant Consultant Report and Opinion 36206 Crawley Claimant Consultant Report and Opinion 40714.COR Bristol Claimant Consultant Report and Opinion Evidence in Crown Court Hearing 35259 Failure of bucket connection to excavator London Equipment Supplier Technical advice and representative to HSE 4H57099 Fatality involving reversing vehicle at road works South Yorkshire Defendant Technical Advice and Consultant Report used in negotiating favourable basis of plea CS/037371 Role of Principal Contractor in plant installation at factory Derbyshire Defendant Technical Advice and Consultant Report CS/28574 Application of PUWER and LOLER in offloading vehicle on a construction site Staffordshire Defendant Technical Advice and Consultant Report used in successful negotiation on plea 4H58982 Failure of bucket connection to excavator London Equipment Supplier Technical advice and representative to HSE 4H57099 Overturning of mini-digger during demolition London Defendant Expert Report and Opinion in support of mitigation 4H56153 Corporate Manslaughter - Construction London Prosecution Consultant Report and Opinion for Crown Prosecution Service 4H55112 Personal Manslaughter - Construction: failure of hoist London Prosecution Consultant Report and Opinion to Crown Prosecution Service 47172.MET Role of Principal Contractor in monitoring plant inspections during construction work Greater Manchester Defendant Technical Advice and Consultant Report and Opinion - Used in negotiating favourable basis of plea CS/33164 Manual handling injury in tyre repair London Prosecution Technical Advice and Consultant Report in support of successful prosecution 4H60837 Fatality involving overturning of safe being removed from old bank Plymouth Defendants Technical Advice and Consultant Report. Report significant in mitigation CS/17442 Application of EC Machinery Directive to importation of equipment into UK as part of manslaughter case Staffordshire Defendants Technical Advice used as part of successful Defence of personal and corporate manslaughter allegations CS/19393 Fatal accident to member of public at passenger lift London Defendants Consultant Report and Opinion CS/33971 Safe systems of work in major international airport. Sussex Defendants Technical Advice and Expert Report and Opinion in original 4H 57307 Fall from warehouse height in steel stockholding Fall from lorry tailgate Work Equipment - Criminal Work Equipment - Criminal (continued) Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Page 37 of 38 Selected Expert Evidence by Martin Barnard SUBJECT Criminal and Civil LOCATION CLIENT SCOPE OF EVIDENCE REF case. Appeal and re-hearing. Fatality involving supervisor trapped in blending machine at chemical factory Greater Manchester Defendants Technical Advice and Consultant Report - Case Pending CS/040585 Fatality involving operator of depalletiser machine Halifax Defendants Technical Advice and Consultant Report to assist at Inquest CS/039714 Guarding of out-feed from food processing machinery Norfolk Defendants Technical Advice and Consultant Report CS/039062 Occupier’s role in overseeing work of contractor near operating roof fans Essex Defendants Technical Advice and Expert Report. Agreed basis of plea CS/24888 Slip on floor in kitchen in large retail store Newcastle Defendant Technical Advice and Consultant Report in support of negotiated position on plea 4H62116 Fatality at in-feed mechanism to food process machinery Dorset Defendants Technical Advice and Consultant Report CS/038223 Personal and Corporate Manslaughter following machinery fatality at packaging plant Surrey Defendants Technical Advice and Preliminary Report CS/29026 System of work for cleaning kettles in hotel North London Defendant Technical Advice and Consultant Report used in successful rebuttal of allegations during investigation CS/1256 Fatality on an MEWP Bootle Defendant CS/047828 Fatal Injury from scaffold Spinningfields Manchester Defendant CS/047888 Fall of individual through ceiling at factory during plant installation Telford Claimant Technical Advice and Consultant Report. Full damages awarded CS/2558 Toppling of machinery Norfolk Defendant Consultant Report and Opinion 34131 Application of safety procedures during salvage of oil rig in Gulf of Mexico USA Claimant Technical Advice CS/30709 Use of VDU’s in office resulting in alleged ULD. London Defendant Technical Advice and Consultant Report - used in negotiated settlement 4H62556 Extent of Risk Assessment London Defendant Consultant Report and Opinion which saw Claim withdrawn 46394.CLAR Safe system of work for Driving Examiners Sussex Defendant Consultant Report and Opinion 4H35907.DLA Work Equipment - Criminal (continued) Work Equipment - Civil Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk 12/10 Page 38 of 38 Selected Expert Evidence by Martin Barnard Martin Barnard, Director of Health and Safety, Capita Symonds Limited Capita Symonds House, East Grinstead, West Sussex, RH19 1UU Tel: 01342 327161: email martin.barnard@capita.co.uk Criminal and Civil 12/10 Page 39 of 38