Dominic Kay

Dominic Kay

Current Practice - Summary

Dominic Kay is a Regulatory Law specialist, practising predominantly in:

  • Health & Safety
  • Environmental (including marine) Regulation

 

 

Professional Guide

Dominic is ranked as a ‘Leading Junior' by the Legal 500, being described as "a true health and safety law specialist" with "a sensible and down to earth approach" and "highly recommended".

He is ranked by Chambers & Partners as a ‘Leader at the Bar' in Health and Safety Law, being praised for "quality performances in a number of high-profile health and safety cases". The most recent edition states "his pragmatic and down-to-earth approach is highly appealing to the Bench and wins him the respect of the market".

He is also recognised by the Legal 500 as having "a substantial environmental practice".

 

Practice

HEALTH & SAFETY

Chambers & Partners (2009): Leader at the Bar

"quality performances in a number of high-profile health and safety cases"

"praised for his interaction with clients"

"his pragmatic and down-to-earth approach is highly appealing to the Bench and wins him the respect of the market"

Legal 500 (2007, 2008 & 2009): Leading Junior

"Highly recommended"

"A true health and safety law specialist"

"a sensible, down to earth approach that will ensure him an impressive future at the Bar"

 

Dominic specialises in Health & Safety law, the vast majority of his time being spent representing corporate defendants and company directors in cases concerning fatalities or serious injury.

Dominic's wide experience includes:

  • cases concerning the construction industry (including falls from height, structural collapse, electrocution, injuries/fatalities to employees/public);
  • machinery and vehicular accidents (including fairground equipment, factory machinery, MEWPs, ATVs, agricultural machinery/vehicles, swing barriers, gate systems);
  • workplace accidents (including factories, maritime, warehouses, care homes and agricultural);
  • improvement and prohibition notices (including both appeals against notices and prosecutions in respect of alleged breaches);
  • fire safety regulations (including commercial/retail premises and care homes);
  • cases concerning consumer safety issues such as food safety (food unfit for human consumption, food hygiene cases, food labeling, animal infestations) swimming pool drownings and toy safety;
  • coroners' inquests into fatal workplace accidents and those with health & safety law issues.

 

Dominic's recent Health & Safety cases have included:

IOWC v Matalan Retail Ltd - represented Matalan in prosecution relating to serious head injuries caused to customer by unsecured swing barrier in store car park.
For a full case summary, see Chambers' Health & Safety and Regulatory Update.

HSE v RL Davies & Son Ltd - represented principal contractor in prosecution concerning fatal electrocution of groundworker on construction site.
For a full case summary, see Chambers' Health & Safety and Regulatory Update.

Hull CC v ‘H' - appeared on behalf of care home in prosecution by local authority following serious burns to a care home resident caused as a result of a faulty thermostatic valve.

Stroud DC v Equiland & Henson - represented the event organiser of Gatcombe Horse Trials in high profile prosecution arising out of fatal accident involving ATV. Case stayed as an abuse of process.
For a full case summary, see Chambers' Health & Safety and Regulatory Update.

Powys CC v ‘P' t/a Bethania Adventure - represented outdoor pursuits business owner in high profile prosecution relating to alleged failure to supervise, monitor boundaries and provide adequate safety equipment following the death of customer who drowned after hiring a canoe. Defendant acquitted after trial.

HSE v Berser International Cargo Services Ltd - represented road haulage company in prosecution relating to the death of an employee following gate fall at the company's premises.
For a full case summary, see Chambers' Health & Safety and Regulatory Update.

HSE v Alexanders of Twickenham Ltd - appeared on behalf of company prosecuted in relation to fatality of employee. Death occurred as a result of serious burns sustained after the employee became contaminated with fuel during course of work.
For a full case summary, see Chambers' Health & Safety and Regulatory Update.

Regina v DF - junior Counsel representing Master of the Viking Islay in prosecution under Merchant Shipping Act following triple fatality onboard North Sea Emergency Standby Vessel. Master charged with acts/omissions endangering life, said to have caused the three deaths. Defendant acquitted after trial.

Bradford MDC v Spauls - appeared on behalf of defendant, the owner of a butcher's shop, prosecuted as a result of an e.coli outbreak in which in excess of 50 people contracted severe food poisoning. Defendant pleaded guilty to charge of selling food unfit for human consumption. Magistrates retained the case and following mitigation defendant sentenced to a conditional discharge.

Milton Keynes Council v Universal Music - represented defendant company in respect of accident at company's UK distribution warehouse. Employee struck by forklift due to failures to segregate pedestrians and vehicles.

Oldham MBC v Tesco Stores Limited - appeared on behalf of the defendant company in prosecution relating to injury to customer due to defective repairs to security post by third part contractors.

HSE v Blackthorne Homes - represented defendant in respect of s2 and s3 charges arising out of a fall from height on defendant's construction site. Company fined £2 and ordered to pay costs in sum of £1 due to financial position at the date of sentencing hearing.

Surrey CC v SC - represented large care home company charged with offences under the Regulatory Reform (Fire Safety) Order 2005 in respect of fire outbreak at Surrey residential care home.

Sandwell BC v JJB Sports; Brent BC v JJB Sports - represented company charged with offences under the Regulatory Reform (Fire Safety) Order 2005 in respect of breaches of fire safety regulations relating to deficient fire risk assessments and the blocking of emergency exits at stores.

Surrey CC v Tesco; Bracknell Forest BC v Tesco - representing Defendant company in prosecutions relating to the sale of food products with expired ‘use by' dates.

HSE v EcoOil & IC - represented Company Director charged with offence under s.37 following explosion and fire at oil storage depot after sub contractor undertook welding to an above ground oil storage tank which had not been emptied.

DMBC v Doncaster Racecourse Management Company Limited - represented Defendant Company in case concerning prosecution under s.3 HSWA after member of public sustained injuries when the car she was driving collided with a newly installed (unsecured) swing barrier.

HSE v Pearlview Estates & EGS Limited - represented the principal contractor in highly publicised case in which company charged with breach of s.3 HSWA following accident in which boy was crushed to death by electric gates. Company acquitted after 3 week trial.


His recent Inquest work has included:

  • representing a construction company at the inquest into the death of a sub-contractor's employee crushed to death by the telescopic arm of a telehandler;
  • representing a construction company at the inquest into the death of an employee killed by a reversing excavator;
  • representing a landowner at whose property the 4-year-old son of tenants drowned in a septic tank;
  • representing a property company at the inquest into the death of a 7-year-old boy crushed to death by electronic gates;
  • representing a company at the inquest into a triple fatality caused by carbon monoxide in a storage container on a building site;
  • representing an outdoor pursuits company following the death of a customer who capsized in a canoe whilst under the company's supervision;
  • representing a mobile elevated work platform hire company at the inquest into the death of a worker killed when the epoxy resin joint on the boom failed;
  • representing an access platform hire company at the inquest into the death of an employee killed as a result of a 50' fall after the platform he was in the process of examining collapsed;
  • representing a care provider at the inquest into the death of an elderly care home resident who died after being given two insulin overdoses by nurses;
  • representing construction company at the inquest into the death of a 4-year-old boy who died after a stone mantelpiece became detached from a wall, crushing him.
  • representing concrete/aggregates company at the inquest into the death of a sub contractor's employee who was engulfed in limestone dust while working inside a hopper;
  • representing haulage and distribution company at the inquest into the death of a driver crushed to death by his own vehicle in a ‘roll-away' incident.

 

 ENVIRONMENTAL LAW, INCLUDING MARINE REGULATION

Legal 500 (2007):
‘A substantial environmental practice'

In addition to Health & Safety, Dominic undertakes Environmental Law cases, representing corporate defendants facing prosecution for breach of environmental legislation. Such cases often involve charges under the EPA 1990, the Water Resources Act 1991, Pollution Prevention and Control Regulations 2000 or appeals against notices served under the EPA.

His recent environmental work has included:

  • defending companies charged in respect of large scale and repeated pollution of waterways;
  • cases involving large petrol, diesel and chemical spillages/escapes; 
  • breaches of water abstraction licences;
  • representing groundwork/construction companies in respect of alleged watercourse pollution;
  • defending companies charged under the EPA with allowing large volumes of waste to collect on unlicensed land;
  • prosecutions against companies and individuals under s33 and s34 EPA 1990;
  • representing landfill and waste disposal companies (and often their directors) charged with breaching the terms of waste licenses.

Recent Environmental cases include:

Milton Keynes Council v. Leisure Connection Limited - Divisional Court hearing concerning matters to be proved by prosecuting authority in prosecution brought under s.34 EPA 1990;

Environment Agency v. Yorkshire Water - represented Defendant Company in prosecution brought in respect of effluent discharges from breweries neighbouring the Tadcaster Water Treatment Centre;

Environment Agency v. CP & SGS - represented fuel storage site management company following spillage of approximately 70,000 litres of petrol at the Mayflower Terminal near Plymouth. Case retained by magistrates;

Environment Agency v. MCC(G) Limited & RC - represented Defendant Company and Director in prosecution under s.33 EPA relating to the unlicensed disposal of approximately 971 lorry-loads of building material. Case retained by magistrates. Director given conditional discharge;

London Borough of Havering v JD Sports Fashion PLC - represented Defendant Company in local authority prosecution relating to waste disposal at rear of shop. Case retained by magistrates.

Dominic's environmental law practice includes Marine Regulation work, in which he regularly advises and represents companies and/or individuals charged with breaches of Common Fisheries Policy and associated domestic legislation, specifically cases concerning trawler operations, logbook and landing declaration offences and cases involving the satellite monitoring of vessels. In 2007 he represented seven trawler companies/owners and their respective masters in a DEFRA prosecution of thirteen vessels in respect of large scale ‘black fish' landings in Kilkeel and Whitehaven in 2004.



 

Publications/Seminars

Dominic was the editor of and is now a contributor to Chambers' Health & Safety & Regulatory Newsletter:
http://newsweaver.co.uk/crownoffice/index.cfm

 

In addition to the Chambers nationwide seminar programme, Dominic provides in-house seminars on request. Recent past papers can be accessed below.

 

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