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