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Malcolm Galloway

Call 1992

‘He’s a great jury advocate, who is very, very personable and extremely sharp’
(Chambers & Partners)

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.

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 Electricity North West Ltd – Junior to John Cooper QC in successful appeal against sentence to the Court of Appeal (85% reduction in sentence)
  • DCC v Kevin Duckworth & Others – Acquitted after trial of course manager of Cycling event after spectator was killed whilst watching Competitive Downhill Cycling event. https://www.bbc.co.uk/news/uk-wales-north-east-wales-44612429
  • ECC v Mitchells & Butlers PLC – Junior to John Cooper QC defending first prosecution resulting from a Norovirus outbreak.
  • HSE v Frutarom Ltd – Represented an international pharmaceutical company relating to failures to properly control the risks relating to chemicals and guarding.
  • HSE v Europlast (Blackburn) Ltd – Represented Company after employees hand crushed in workshop resulting in Level B injuries
  • HSE v Paul Prior – Represented Company Director after employee fell at a building site and sustained life changing injuries.
  • HSE v TN Beeston & Son – Represented farmer after employee was seriously injured by Bull at farm.
  • HSE v Brightwell Dispensers Ltd – Represented Company after employee suffered ‘Level B’ injuries after trapping his hand in newly modified equipment.
  • HSE v Mercian Recycling Ltd – Represented Company after fall from height resulted in catastrophic injuries to employee.
  • HSE v JCB & DHL – representing DHL after its employee was crushed and seriously injured at JCB’s premises.
  • HSE v Shufflebottom & another – Represented Company after worker fell 20m from a MEWPT and died whilst working at Pembroke Dock.
  • HSE v Messer – Acquittal by the jury of alleged ‘site supervisor’ in a fall from height, which resulted in worker suffering paraplegia.
  • HSE v Camelot Play Castle – Representing children’s Play center after a number of children suffered serious injures due to defective matting.
  • HSE v MJL Contractors – Representing ground works company after employee killed in dumper truck overturn.
  • HSE v Perrin Stevens Ltd & others – Acquittal in multi-handed jury trial relating to a serious injury resulting from a fairground ride a music festival.
  • HSE v Pioneer Design and Build – represented Company after third party fell through a void in building site.
  • North Avon DC v Nailsea Power Cleaning & Another – Successful defense of director of Company after prosecuted under s.37 HSWA after serious fall from height of employee.
  • HSE v Royal Brompton and Harefield NHS Foundation Trust Represented trust in prosecution brought under COSHH Regulations 2002.
  • HSE v Quality Marking Services Ltd – represented Company after employee had his hand amputated using industrial mixing machine.
  • HSE v Muir & Muir – represented owners of building company after employee fell from height.
  • HSE v Febrey – Defended the managing director of a construction firm after a fatal fall from a site at ‘The Tower’ Swansea.
  • London Borough of Havering v Pinnacle Construction & another – Represented Company after fall from height of an employee at the premises of the co-defendant.
  • HSE v Activ Projects – Represented Company after employee had hand trapped into wood cutting machine resulting in serious injuries.
  • HSE v DHL & another – representing DHL after the death of an employee who was crushed whilst making a delivery to the second defendants premises.
  • HSE v Quality First Builders Ltd – representing Company after fall from height fatality of employee.
  • Bristol CC v DHL & another – successful defence of DHL after third party was seriously injured after delivery of beer barrels to second defendants premises. Local authority dropped case after service of the defence statement.
  • CBC v Barclays Bank PLC – Prosecution on behalf of CBC the first successful regulatory prosecution against Barclay’s Bank PLC.
  • HSE v Williams – Instructed to defend wood mill after amputation of employee’s hand after he had operated unguarded machinery.
  • HSE v Leese’s – Instructed to defend large recycling company after incident relating to the movement of plant and substantial life changing injuries to employee.
  • Torbay BC v Rainbow Hotel – Acted for the prosecution resulting after the death in a swimming pool of a guest at the hotel.

Environmental

  • EA v Northumbrian Water Ltd (Broomley STW) : – Breaches of Regulation 12 & 33 EPR – Prosecution alleging Recklessness by NWL, after hearing court found low culpability.
  • EA v South West Water – Representing SWW on a number of prosecutions brought by the EA for breach of permit or unlawful discharges of effluent.
  • EA v Lee Phelin – Instructed to represent company director being prosecuted for the handling and onward shipment of Hazardous material. Described by the EA as the largest ever hazardous material prosecution. Amounts involved run over £10m
  • EA v ML Construction Ltd & Mike Lock – Successful representation of the Mayor of Yeovil and his company after allegations of large scale illegal deposits of waste.
  • R v Dunn & Others – Successful defence of the main defendant in one of the largest prosecutions ever brought by the Environment Agency. Defendants ran multi-million pound business ‘recycling’ vast amounts of waste tyres into engineering pallets for use in the UK and Vietnam
  • EA v Kier Construction & BKP – Prosecution counsel in the ‘Christchurch Hospital spill’ where over 10,000 liters of heating fuel was released into the ground after mistakes in a construction project.
  • EA v Leggat – Defence of a farmer who had allowed animal feed to pollute the local water course resulting in ‘fish kill’.

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

  • Re: Wagamama Ltd: – Represented Wagamama after a young woman collapsed and died an hour after leaving their restaurant. Initial suggestion that she died as a result of anaphylactic shock. Coroner concluded she died due to her ‘uncontrolled asthma’ – no connection to Wagamama. https://www.mirror.co.uk/news/uk-news/teenager-girl-died-asthma-attack-13285718
  • Re: DHL: – Represented Company after employee was killed and three others injured after collapse of stillages.:
  • BE Wolverhampton BE: – Represented owners of shopping centre after death of young women from falling debris as a result of ‘Storm Doris’. https://www.theguardian.com/uk-news/2017/oct/06/absence-of-maintenance-played-role-in-tahnie-martin-storm-doris-death-inquest
  • Re: Racetech: – Represented Company after death of employee at Haydock Park Racecourse after being crushed.
  • Re: Bureau Veritas Ltd: – Inquest into death at care home after lift failed and fell a level.
  • Re: Barrie Taylor: – Death after crushing due to ‘vehicle rollaway’ a transport depot.
  • 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.

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


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