Malcolm Galloway Call

Transcription

1 Malcolm Galloway Call 1992 "A highly capable senior junior who focuses his practice on high-profile criminal environmental prosecutions." (Chambers & Partners 2016) +44 (0) Malcolm joined Crown Office Chambers in 2016 from Old Square Chambers where he had already established a successful Regulatory Practice. He is now recognised as a leader in the field of Criminal Regulatory Law, specialising exclusively in Health and Safety, Environmental Law and Inquests. He is instructed in complex and high profile health and safety investigations including Gross Negligence Manslaughter and Corporate Manslaughter and frequently appears in inquests forming part of an investigation by the HSE. Described by the directories as a heavyweight advocate, who is robust when required with clients and opponents his clients include International Logistic Companies, Care Homes, Hotels, High Street Restaurant Chains, Supermarkets and Transport Companies. Malcolm is standing Counsel to South West Water and also represents Northumbrian Water Ltd. He has extensive experience representing both corporate and individual defendants facing prosecution for breaches of environmental legislation. He has defended cases of major pollution incidents; permit breaches, the release of hazardous substances. His clients come from diverse backgrounds ranging from large Utility companies to restaurants, farmers and waste and recycling firms In 2012 he was appointed a Crown Court Recorder (part time judge) on the Western Circuit. Criminal Regulatory & Environmental Health & Safety Malcolm is described in the 2018 Chambers and Partners as having excellent technical knowledge and is faultless in his case preparation. He is instructed in complex and high profile health and safety investigations including Gross Negligence Manslaughter and Corporate Manslaughter and frequently appears in inquests forming part of an investigation by the HSE. Described by the directories as a heavyweight advocate, who is robust when required with clients and opponents his clients include International Logistic Companies, Care Homes, Hotels, High Street Restaurant Chains, Supermarkets and Transport Companies.

2 Environmental The Legal 500 says his client care is second to none and he is the top junior for environmental prosecutions. In the past he has represented the Environment Agency in some of the most high profile prosecutions, but he now has a purely defence practice. He is standing Counsel to South West Water and also represents Northumbrian Water Ltd. He has extensive experience representing both corporate and individual defendants facing prosecution for breaches of environmental legislation. He has defended cases of major pollution incidents; permit breaches, the release of hazardous substances. His clients come from diverse backgrounds ranging from large Utility companies to restaurants, farmers and waste and recycling firms. Selected Cases Health & Safety HSE v JCB & DHL:- Represented DHL whose employee who suffered life changing injuries after being crushed by a vehicle on the JCB site. HSE v Signature Flight Support London Luton Ltd: Represented aircraft logistics company after an employee was crushed in a hanger door resulting in a vegetative state. HSE v Parks (London): Represented owner for GNM (not prosecuted after inquest) and then Company for s.2 after employee fell from height in a warehouse. MKCC v DHL Services & DHL Supply Chain: Represented DHL after a work colleague was crushed between the loading bay and a vehicle. HSE v Evans & Sons Ltd & Samuel Evans: Represented the Managing Director of a Company who was responsible for the double arm amputation of an employee in a demolition firm. HSE v J Cullen Thermals: Successful Not Guilty verdict after an allegation of improper asbestos investigation. Re: Wagamama: Representing the High Street Restaurant chain after the death of a customer who suffers from allergies, an hour after eating at the restaurant. Re: BE Wolverhampton: The Storm Doris inquest. Representing the owners of the shopping centre after the death of a young woman from falling boarding. HSE v Tonic Construction: Represented Company death of employee after overturning of dumper on construction site. HSE v J Cullen Thermals: Successful Not Guilty verdict after an allegation of improper asbestos investigation. HSE v Evans & Sons Ltd & Samuel Evans: Represented the Managing Director of a Company who was responsible for the double arm amputation of an employee in a demolition firm. HSE v Parks (London): Represented owner for GNM (not prosecuted after inquest) and then Company for s.2 after employee fell from height in a warehouse. HSE v Chris Mountain & MC Mountain & Sons:- Represented Company after fatality at a waste transfer station. No body left only fluid. HSE v Vacu-Lug Traction Tyres Ltd:- Represented Company after an employee crushed to death after his FLT overturned.

3 HSE v Signature Flight Support London Luton Ltd: Represented aircraft logistics company after an employee was crushed in a hanger door resulting in a vegetative state. HSE v Stephen Harper:- Represented site manager after he failed to undertake weekly checks of scaffold as required, employee fell through gap in scaffold. HSE v Quality 1 st Building Services: Represented scaffold company after fatal fall from height of an employee. RBW v Art Hotels (UK) & Ravinder Takhar:_ Successful defence of owner of hotel after a number of health and safety incidents at a hotel, including the inhalation of a noxious substance by staff. HSE v Roger Jacques: Successful defence of an owner of a holiday centre after a fall from height of an employee. HSE v David Avery Ltd:- Represented Director and Company after fatality of a member of public during an unloading operation. HSE v Workspace Design and Build:- Represented Company after the cave in during the excavations of a basement extension. HSE v Carter Training Services: Represented Company after a load being lifted by a crane fell onto the building site injuring a number of contractors. HSE v S & E LPG:- Represented company after an explosion at their gas tank recycling centre. HSE v Beeston & Son:- Represented Farm after Bull crushed a worker causing substantial injury to leg. HSE v Mercian Recycling:- Represented Recycling firm after fall from height at a waste transfer station. Environmental EA v SWW (Landrake STW): Regulation 12 & 33 EPR (Low Culpability Cat 4) EA v SWW (Praze-an Bebble STW):- Regulation 38(2)EPR (Negligent Cat 4) EA v Northumbrian Water Ltd Representing the water company in relations to prosecutions brought by the EA. EA v SWW (Dawlish Brook CSO):- Regulation 12 & 33 EPR (Negligent Cat 3) EA v SWW (Calenick SPS):- Regulation 38(2)EPR (Negligent Cat 3) EA v SWW (Denbury STW):- Regulation 38(2)EPR. (Negligent Cat 4) EA v Tim Hook: Defence of an Oxford farmer after 4000 of herbicide entered the local watercourse after a RTA involving a farm vehicle. EA v ML Construction Ltd v Mike Lock Successful defence of the Mayor of Yeovil and his company after allegations of large scale illegal tipping of waste. R v Dunn & Others Successful trial of the main defendant in one of the largest prosecutions ever brought by the EA. Defendants ran a multimillion pound tyre recycling business. EA v SWW (Landrake STW): Regulation 12 & 33 EPR (Low Culpability Cat 4) EA v SWW (Praze-an Bebble STW):- Regulation 38(2)EPR (Negligent Cat 4) EA v Northumbrian Water Ltd Representing the water company in relations to prosecutions brought by the EA. EA v SWW (Dawlish Brook CSO):- Regulation 12 & 33 EPR (Negligent Cat 3) EA v SWW (Calenick SPS):- Regulation 38(2)EPR (Negligent Cat 3) EA v SWW (Denbury STW):- Regulation 38(2)EPR. (Negligent Cat 4)

4 EA v Kier Construction &BKP Ltd:- Prosecution for EA in the Christchurch Oil spill. EA v Symons & Symons:- Operation Cherry. Represented EA in prosecution for large scale illegal waste facility. Inquests & Public Inquiries Malcolm frequently appears in the Coroners Court to represent corporate clients or individual directors. His recent clients have Included mining companies, care homes, large cooperate entities, transport companies and individual directors facing a possible regulatory investigation. Selected Cases Represented Care Home after death of elderly resident suffering from dementia who managed to bypass an alarm system. Represented mining company after employee was crushed after gas outburst a mile underground. Represented company after employee fell 20 m from a MEWP whilst working at Pembroke docks. Representing Kent Fire Service at the inquest into the death of a civilian after a collision with two fire tenders. Representing the owner and director of a building company after a member of the public was killed following the collapse of 1.5 tons of wood being unloaded from a lorry. Representing a delivery company whose employee died of sepsis after being bitten by a homeowner s dog. Representing a Company and its managing director after an employee fell from height and died. Representing a multinational company after an employee was killed and two others seriously injured after a collapse of stillage s onto a temporary office. Represented driver of a HGV making a delivery on behalf of a High Street supermarket who knocked down and killed an elderly woman crossing the road. Re: Cleveland Ltd:- Represented Mining Company after death of miner in the deepest mine in Europe. Re: Recticel: Representing owners of a chemical manufacturing plant after death of employee after inhaling hazardous fumes. Re: Tonic Construction: Death of employee after overturning of dumper on construction site. Re: Gold Care Homes Ltd Death of a resident after a fire in her room. Re: Millbrook Healthcare Ltd:- Represented owners of care home after elderly resident was able to leave using the emergency exit without alerting the staff. Re: Guyton Care Homes:- Represented owners of care home after ex patient died over 6 months after leaving the home. Re: David Avery:- Represented Director and Company after fatality of a member of public during an unloading operation. Re: Hazell Grove Care Homes:- Represented care home after elderly resident was allowed to leave by emergency exist without staff being alerted.

5 Memberships Criminal Bar Association Health & Safety Lawyers Association UK Environmental Lawyers Association Western Circuit Recommendations "Has excellent technical knowledge and is faultless in his case preparation." Chambers & Partners UK Bar 2018 "He has excellent client skills and management of expectations." Legal 500, 2017 "A heavyweight advocate, who is robust when required with clients and opponents." Legal 500, 2017 An excellent criminal law barrister in relation to environmental, health and safety work Chambers & Partners His client care is second to none and he is the top junior for environmental prosecutions Legal 500 He s got a very good tactical insight He s a great jury advocate, who is very, very personable and extremely sharp Chambers and Partners A robust advocate and a good team player Legal 500