Richard Tyrrell

Richard Tyrrell

General Information

called 1993,ex-Solicitor,admitted to the Roll 1978

 

Practice

Regulatory Law

Richard has considerable experience in the fields of Health and Safety and Consumer Protection, including defending Companies and NHS Trusts, their Directors and employees both in the Magistrates' and Crown Courts. His Health and Safety experience includes fatalities arising from machinery, construction, chemical, quarrying and hospital activities. His experience of Homicide cases includes trials in the Crown Courts and appeals against both conviction and sentence in the Court of Appeal. He has also conducted appeals against Improvement and Prohibition Notices in Employment Tribunals.

Prior to call to the Bar, he was Senior Litigation Partner at Hammonds London office with particular responsibility for defending Companies, their Directors and employees in Health and Safety prosecutions. Prior to that he was a Senior Solicitor at ICI plc with primary responsibility for defending Health and Safety, Environment and Consumer Protection  prosecutions, advising the Company on existing and proposed Health and Safety law  and representing the Company in the Health and Safety field in standing Industry and EC Committees. Prior to that he was Chief Prosecutor at Bow Street Magistrates' Court.

He has extensive experience of Coroner's Inquests, including the Kingsway Hospital (Derby) Inquests in 2005 before Sir Richard Rougier.

 

Employment Law

He has many years experience of all types of employment cases in Employment Tribunals and the Employment Appeal Tribunal both at the Bar and as a Solicitor.

He is a part- time Employment Judge (appointed 2001).

 

Publications/Seminars

He regularly provides training on Health and Safety, and Employment law to professional and lay clients and has spoken on BBC radio and commented in the press on changes in the law.

 

Selected Cases

Represented ICI in numerous environmental , Health and Safety and Consumer Protection prosecutions. These cases involved prosecutions in respect of deaths following explosions at two sites, injuries due to chemical exposure/ spills and other site accidents and discharges of chemicals into water courses etc

Represented a Primary Care Trust in a Health and Safety prosecution successfully taking the point (before it was decided by the Court of appeal in R v Pennine Acute Hospitals NHS Trust) that the transfer of liabilities between an old and new Trust did not include the transfer of criminal liability.

Representing an NHS Foundation Trust both at the Inquest and in respect of the prosecution concerning the death of a patient by falling from a window in a mental health ward.

Representing a Boiler Installation company, the subject of a manslaughter investigation, following the death of a resident in a hotel by poisoning from carbon monoxide fumes.

Representing an NHS Trust and a Director both at the Inquest and in respect of a prosecution following a manslaughter investigation into the death of a patient by hanging in a ward.

Represented (with Michael Spencer QC) a nurse in an elderly persons ward at an inquest into the deaths of eleven patients there--known as the Kingsway Hospital (Derby) Inquests -Coroner Sir Richard Rougier.

Represented a company prosecuted in respect of exposure to it's employees of gluteraldahyde in its processing of photographic film.

Representing an NHS Trust both at the Inquest and in the prosecution in respect of its provision of services at a Care Home where a patient died by scalding in a bath.

Representing an NHS Trust at the Inquest into the death of a patient-the Coroner's decision having been  judicially reviewed on the point as to whether a friend of the deceased fell within the definition of an ‘interested person' within Rule 20 of the Coroners Rules 1984.

Represents NHS Trusts in ‘NHS Performers Lists' cases both before the Family Health Services Appeal Authority and more recently also at the first instance stage in cases where the employee has legal representation.

 

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