Mark Balysz KC and Julia Kendrick have secured the acquittal of a major Principal Contractor construction company.
After a four week trial at Lincoln Crown Court, the jury returned a verdict of Not Guilty to one charge of failing to plan, manage and monitor the construction phase so as to ensure, so far as reasonably practicable, safety, pursuant to regulation 13 CDM 2015. The prosecution followed the tragic death of a ground worker who was ordered by his supervisor to tip his dumper in an unsafe location where it toppled, crushing the driver. HTM/Nelson Group arguments were successfully advanced. The co-defendant employer of the deceased was also found not guilty of breaching s.2 HSWA. Mark and Julia were instructed by Bob Davies at Clyde and Co.