Simon Jackson QC

Head of Health and Safety Group

HEALTH & SAFETY PROFILE

Simon Jackson has a mixed criminal law/common law practice.

The Health and Safety work has involved both prosecuting and defending both individuals and corporate clients. As Junior and Leading Counsel, Simon Jackson has
prosecuted corporate manslaughter trials on behalf of the CPS Special Casework Directorate and the HSE. He also represented a large Local Authority at Inquests in
connection with the deaths of school children, on two separate ‘outdoor’ visits and in respect of the consequent criminal proceedings. He also advised another Local
Authority in respect of a similar tragedy, but which led to the prosecution of individuals only.

Simon Jackson has also been involved in a number of high profile Inquests, involving deaths in Hospitals and Police Stations, one of which lasted eight weeks and was the longest running single death Inquest. This inquest then resulted in Administrative Review Proceedings and thereaft er manslaughter charges against some of the Police Officers concerned.

Since taking Silk, Simon Jackson has prosecuted two further corporate manslaughter cases, one a trial lasting two weeks involving the running of a motocross track in Sheffield. Th is case has raised issues for the ACU and for the HSE as to how ‘risk based activities’ are risk assessed and controlled in the future.

Simon Jackson has also acted as ‘Legal Assessor’ to one of Her Majesty’s Coroners in connection with a two week Inquest involving an infant death in hospital, where the alleged over administration of drugs was a possible cause of death. He has a particular interest in the issue of disclosure in connection with ‘Article 2’ inquisitions.

In connection with other criminal cases he has also prosecuted and defended cases based on complicated scientific and telecommunication evidence.

Specific Examples of Health & Safety Work;

Fatal accident involving a roofer. Simon Jackson, as a Junior, represented the employer at the Inquest, Magistrates and Crown Court.
Fatal accident involving a roofer. Prosecution of company and managing director for “corporate manslaughter” on behalf of the HSE, conducted case as Junior Counsel. Defendants pleaded to HSE offences.
Trial conducted re: manslaughter charge.
Fatal accident involving a roofer. Prosecution for “corporate manslaughter” against company and director (2004/05).
Fatal accident involving contractors working in a scissor lift (MEWP) at a football stadium. One death, one serious injury.
Fatal accident involving “school trip”. Simon Jackson represented local Education Authority at the Inquest and at Leeds Crown Court (HSE proceedings). Disclosureissues re: disclosure of relevant HSE/HSC [unpublished] guidance.
Fatal accident involving overseas “school trip”; represented LEA at Inquest.
Serious accident involving waste crushing machine. Represented LEA in criminal proceedings (2004).
Fatal accident involving “man-riding basket”. Represented Defendant at Derby Crown Court.
Serious accident involving a road planing machine. Represented Defendant employer at Peterborough Crown Court and in multi-party civil proceedings.
Fatal accident re: crane collapse. Represented Defendant employer (a national crane hire company) in civil and criminal proceedings.
Serious accident re: crane collapse. Advising on CPA conditions on issue of ‘competence’ of crane driver (2005). [If the hirer is not supplied with a ‘competent’ operator liability reverts to the owner under the ‘Terms and Conditions’ of hire.]
Fatal accident arising out of a fi rework explosion. Prosecution on behalf of the HSE in connection with death and the importation of unlicensed fireworks.
Corporate manslaughter prosecution involving an ‘application to dismiss charges’.

NOTABLE CASES

R v Hayward [1999] Crim LR 71 (Confl ict of Laws re: VAT fraud)
R v Hull Coroner for East Riding of Yorkshire and Kingston-upon-Hull, ex parte Dawson & Others [2001] AC (Death in Custody)
R v Dallagher [2002] EWCA Crim 1903 (Admissibility of Expert Evidence)
R v Makin [2004] EWCA Crim 1607 (Disclosure of Unused Material)

ADDITIONAL INFORMATION

Of the personal injury work, a signifi cant proportion was linked to HSE prosecutions and/or Inquests.

Fraud: VAT and excise fraud, eg relating to “missing traders” and “carousel frauds”.

Articles on Expert Evidence: (Ear prints and Lip-reading etc, and disclosure at inquests). Published in Archbold News, New Law Journal and Solicitor Journal.

Seminars on Safety Issues re: School Visits/Outdoor Trips.

"Leader at the Bar; recommended in Clinical Negligence”
Chambers 2000

“Leading Junior”
Chambers 2001

“Recommended”
Chambers 2003/4