Criminal Regulatory & Environmental
Health & Safety
Malcolm has been shortlisted as Health & Safety – Junior of the Year at the Chambers UK Bar Awards in both 2015 and 2023. He is ranked in Band 1 for Health and Safety in this year’s Chambers & Partners being described as ‘a heavyweight advocate but also personable and compassionate with clients’ and with having ‘a good eye for detail and great on his feet’.
He is regularly instructed in complex and high profile health and safety investigations including Gross Negligence Manslaughter, Corporate Manslaughter and frequently appears in long inquests forming part of an investigation by the HSE where he is described in the inquest section of the Legal 500 as ‘Excellent with clients, from individuals to large corporates, with empathy and understanding of the case and wider issues – a top-notch advocate and good strategist.’
Presently Instructed as Lead Counsel:
- R v Denis Thornhill – GNM allegation against a farmer after a contractor died having fallen from a potato box being lifted on a FLT. Trial listed in June 2024, before a High Court Judge.
- T v Tickner – GNM allegation against a farmer after a contractor died after falling while repairing a farm roof. Trial listed in October 2024, before a High Court Judge.
Recent Gross Negligence Manslaughter & Corporate Manslaughter Cases:
- Regina v Ian Leavers (‘Greenfeeds Case’) – Lead counsel for the MD of a Pig Feeds company where two employees were killed as a result of succumbing to the fumes whilst cleaning a feed tanker.
- Regina v Mark Redfern (‘Alutrade case’) – Lead counsel for the health and safety manager accused of manslaughter after the death of an employee who had his head crushed by an unguarded machine. After service of the defence statement, CPS agree a plea to S.37. Suspended sentence.
- Regina v Keith Young – Represented a director of a demolition company tried for manslaughter after a collapse of ‘Splott Church’ in Cardiff. Acquitted of Manslaughter and sentenced to a suspended sentence for S.37 HSWA.
https://www.bbc.co.uk/news/uk-wales-59667575
https://www.walesonline.co.uk/news/wales-news/splott-citadel-church-cardiff-death-22476337
- Regina v Peter Shingler & others (Bosley Mill explosion) – This case was tried by May J in the purpose built Nightingale court in Chester. It arose as a result of the Bosley Mill explosion where four employees died. Lead Counsel representing the mill manager, issues in the case included the ‘cut throat’ aspect of the defence cases and the issue of ‘management’ under s.37 HSWA. All defendants acquitted and a lead case on cause’ decided by the Court of Appeal after a terminal ruling by the trial judge.
https://www.bbc.co.uk/news/uk-england-53529866
- Torridge District Council v Stuart Clements & others – A tragic case where of a toddler drowning in a swimming pool at an activity centre. Malcolm advised at an early stage and represented a director charged with manslaughter. After Malcolm provided written submissions the manslaughter was withdrawn and the company and directors were prosecuted for Health and Safety offences. At the Crown Court Malcolm was lead negotiator for all defendants and persuaded the prosecution to drop the case against the two directors. From a period of one and a half years Malcolm’s client went from facing a manslaughter charge to a s.37 HSWA charge to having the case dropped.
https://www.bbc.co.uk/news/uk-england-devon-41081886
Selected Cases
Recent Health and Safety Cases:
- HSE v H Weston & Sons (Cider) – represented Westons Cider after an employee crushed to death on his 65th Birthday by a security barrier which pierced though his van’s windshield.
https://www.bbc.co.uk/news/uk-england-hereford-worcester-67576558
- HSE v Sir Charles Hobhouse – Represented Sir Charles the former High Sheriff of Wiltshire after cattle he owned were involved in two incidents were walkers were seriously injured.
https://www.bristolpost.co.uk/news/bristol-news/former-high-sheriff-fined-after-8505781
- HSE v Baker and Baker Ltd – represented this large bakery firm after a worker was hit by a cherry picker and had to have her leg amputated.
https://www.bbc.co.uk/news/uk-england-merseyside-68674238
- HSE v Starbucks UK Ltd and Stannah Holdings Ltd – instructed to defend Stannah (with John Cooper KC) following a lift failure in a Starbucks coffee house which resulted very serious injuries to a member of the public. This was a ‘cut throat’ case between two large corporates both blaming each other for the dangerous state of the lift. Due to Malcolm’s expertise in lift cases he took the lead in directing the defence expert evidence which eventually led to the prosecution dropping the case against Stannah. Co-defendant had to accept a caution. If Stannah had been convicted, it would have been a major blow to their reputation.
- HSE South Wales Police – Representing South Wales Police in a case involved a civilian employee who received an electric shock when fitting cabling in police headquarters. His heart stopped and he received very serious injuries. A factual basis was accepted by the court which led to a nominal fine.
https://www.ioshmagazine.com/2020/02/12/hse-prosecutes-police-force-over-electric-shock
- HSE v Bureau Veritas UK Limited (and others) – BV are one of the world’s leading certification companies who inspect lifting equipment and provide safe certification. They were prosecuted after a lift that they certified as safe was in ‘freefall’ and crashed resulting in the death of a resident in a care home. HSE dropped case against them 48 hours before trial.
- HSE v Barrie Taylor – Director prosecuted after driver killed in ‘roll away’ incident. Acquitted before the close of the prosecution case. https://www.bbc.co.uk/news/uk-england-suffolk-51389510
- HSE v South Wales Police – Represented, with Jason Beer KC, SW Police after civilian employee suffered electric shock. https://www.hsmsearch.com/South-Wales-Police-fined-employee-shocked
- HSE v Electricity North West – Instructed for the Court of Appeal. Fine reduced by 85%. https://www.counselmagazine.co.uk/content/R-v-Electricity-North-West-Ltd
- HSE v Flybe – Represented Flybe after employee fell down a lift shaft. Company sentenced on ‘non-causational’ basis. https://www.itv.com/news/westcountry/2020-02-05/flybe-fined-100-000-after-worker-falls-from-faulty-lift-at-exeter-airport/
- HSE v Wayne Rees. Sentence of director after fatal fall from height of steeplejack. Suspended sentence. https://www.ioshmagazine.com/window-cleaner-broke-back-suspended-access-platform-fall
- Vale of Glamorgan Council v SA Brain – Represented Brains Brewery Cardiff after a customer fell down cellar stairs. Matter dealt with in magistrates court. https://www.walesonline.co.uk/news/wales-news/brains-brewery-fined-140000-after-15868599
- HSE v PDR Construction – Represented defendant after roofer fell constructing a new KFC.
- Devon Fire Service v SCM – Represented director of rental company for fire order offences. Non-custodial sentence passed.
- HSE v Winchmore Brickwork Ltd & Willmott Partnership Housing – Represented first defendant in prosecution arising after a housing estate had to be evacuated due to concerns with their boilers. Defendant acquitted at trial.
- HSE v Conservatory Outlet – Initially represented Directory who was being investigated under s.37, then Company in very contested sentencing hearing that continued over two days. Judge accepted defence submissions on culpability and harm.
- HSE v Littlewood Fencing Ltd – Represented Company after the crushing of an employee hand
- HSE v Electricity North West Ltd – Junior to John Cooper KC 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 KC 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 centre after a number of children suffered serious injuries 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 defence 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.
Food Safety
Wagamama inquest – family allegation that daughter had died as a result of ingesting peanuts after indication that she was allergic to them. Inquest found she had an extreme asthma attack not related to Wagamama.
Mitchells and Butler – All Bar One restaurant in Bath. Sentenced after plea in case where 6 offences of publishing an advertisement which was likely to mislead as to the substance of food contrary to Section 15 (2) of the Food Safety Act 1990. Relating to a student having an anaphylactic attack after ingesting a cocktail which has not been properly labelled.
Toby Carvery – An outbreak of norovirus led to a prosecution of Mitchells and Butler. The Prosecution abandoned the case listed for trial at the Crown Court after a lengthy abuse of process skeleton argument was received. An agreed statement was drafted to explain that the Prosecution were unable to prove the outbreak related to a breach of duty of the company and their management of the outbreak was compliant with their legal obligations.
SBR Retail (Trading as KFC) – Plea and sentence for numerous food safety offences relating to a cockroach infestation.
Busy Bees Nursery – Plea and sentence for numerous offences of pest infestation and unclean food preparation at a national nursery.
SA Brains (The Brewery) – Offences relating to a failure to ensure that food was not contaminated after a customer had a piece of wire lodged in her throat as a result of eating a meal at the restaurant.
The Fremantle Trust – Various food hygiene offences in relation to the preparation of food for vulnerable elderly residents.
Focus Hotels – Allegation that a student at a graduation ball had been given inappropriate food leading to her suffering an anaphylactic shock. Case dropped by prosecution after written submissions.
Mitchells and Butler – Plea and sentence for 21 offences relating to Food Safety Act and Consumer Protection from Unfair Trading Regulations 2008 in relation to improper labelling of food products.
Selected Cases
Environmental
In Environmental work he represents South West Water and has represented or is representing Thames Water and Northumbrian Water in prosecutions brought by their Regulator, the Environment Agency. The Legal 500 says ‘his client care is second to none and he is the top junior for environmental prosecutions’ and ‘he has excellent procedural and tactical knowledge to compliment top-grade advocacy skills, plus an excellent manner with clients.’ He is ranked within Chambers and Partners for his environmental work and the Legal 500 describe him as ‘extremely personable and builds good relationships with clients and instructing solicitors alike. He is particularly adept at anticipating how a judge will view a case’.
He is presently instructed in:
- EA v South West Water. – Second multi-site, multi-charge prosecution brought by the Regulator against SWW.
- DWI v Severn Trent Water Limited, Enterprise Managed Services Limited and Pipeline Utilities Limited. – Prosecution brought by the drinking water inspectorate after the water connection to a domestic house was connected to the mains sewer by mistake.
Selected Cases
Recent cases include:
- EA v Northumbrian Water Ltd (Heads Hope Dean) – Trial where the unusual defence of ‘third party intervention’ was to be deployed requiring the Water Company to prove something ‘exceptional’ has happened to break the chain of causation. Case was settled by service of a basis of and a day’s legal argument on culpability and harm. Trial judge found in favour of water company on all points. https://www.standard.co.uk/news/uk/county-durham-newcastle-crown-court-environment-agency-north-east-b962807.html
- EA v Northumbrian Water Limited (Coundon Burn) – Defending the water company being prosecuted or allowed its manholes on agricultural land to become damaged therefore leading to a serious pollution event.
- EA v South West Water (South Sands) – Prosecution of a large water company after repeated spillages onto popular tourist beach. Prosecution submitted that as SWW was a Very Large Organisation it should be receiving sentences similar to Thames Water (£1M). Court accepted submission on sentence and only fined £60,000.
- EA v Thames Water Limited – Represented Thames Water after a power disruption at Hogsmill Sewage Treatment Works (STW), the pumps in the inlet pump stations failed. Substantial discharge onto a local park.
- EA v Timothy Hook – Farmer prosecuted after his herbicide spreader overturned after an RTA. Acquitted at trial. https://www.oxfordmail.co.uk/news/17576559.farmer-cleared-wrongdoing-west-oxfordshire-pesticides-spill/
- EA v Northumbrian Water Ltd – Broomley STW prosecution. EA submitting ‘reckless culpability’ court found ‘low culpability’ and fined £27,000. https://www.crownofficechambers.com/2018/07/24/malcolm-galloway-secured-a-low-culpability-sentence-for-northumbrian-water-ltd/
- EA v South West Water – Salcombe beach. EA prosecution after sewage spilled onto a popular beach. Fined £60,000. https://wwtonline.co.uk/news/south-west-water-fined-after-repeat-sewage-spill
- EA v South West Water (Salcombe & Dartmouth STW’s) – Contested sentence hearing. Judge found in favour of SWW in culpability and harm.
- 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’.
Awards
News
Articles
Events
Memberships
- Criminal Bar Association
- Health & Safety Lawyers Association
- UK Environmental Lawyers Association
- Western Circuit
Recommendations
“Malcolm has a commanding presence in court – judges and juries listen when he speaks. He is vastly experienced and incredibly personable. Clients like him.”…”The crème de la crème and a first port of call for any inquest instruction.”
Legal 500, 2025
“He is a heavyweight advocate but also personable and compassionate with clients.”
Chambers & Partners, 2024
“Malcolm has a commanding presence, and is calm and confident when speaking with clients. A tactically astute and incredibly knowledgeable barrister.”
Legal 500, 2024
“Clear advice, robust advocacy, the ability to foreshadow opponents’ arguments and to structure submissions accordingly.”
Legal 500, 2024
“Malcolm is extremely personable and builds good relationships with clients and instructing solicitors alike. He is particularly adept at anticipating how a judge will view a case.”
Legal 500, 2024
“The savviest of senior juniors who has an impressive track record.”
Chambers & Partners, 2022
“A top-notch advocate who always approaches his cases with eagle eye detail and is a fantastic strategist.”
Legal 500, 2022
“He is experienced, excellent in court and brilliant in cross-examinations.”
Chambers & Partners, 2022
“An excellent advocate with great awareness of the strategic importance of how an inquest is conducted. Always exceptionally well prepared and impressive on his feet.”
Legal 500, 2021
“He’s very thorough, fantastic in court and gets great results.”; “He’s impressive on his feet and in conference with clients.”
Chambers & Partners, 2021
“He is clear, concise, and formidable in his field, and his tactical knowledge and experience are second to none.”…”Technically very strong with over 20 years of criminal advocacy experience. Rounded personality strengthened by a career which began outside of the law. Genuine courtroom presence. He has the ability to get juries on his side.”
Legal 500, 2021
“His thorough preparation for a detailed and complex matter was impressive, and his approach with a very vulnerable client was absolutely perfect – he managed to gain the client’s trust very quickly, which was not easy. I look forward to working with him again.”
Chambers & Partners, 2020
