Christine Henson, led by Robert Seabrook QC from 1 Crown Office Row London, represented Brighton and Hove City Council in a 7-day jury trial successfully prosecuting a gym and fitness club over breaches of health and safety regulations relating to unsafe levels of chlorine in a spa facility. Francesca Lewington, led by Martin Forde QC from 1COR London, acted for the defendants. It was gratifying to see the recognition given to the health and safety expertise in both our Brighton and London Chambers by both the prosecuting authority and the defendants in selecting counsel from this Chambers to represent them in this complex case.
The defendants were convicted of two Health and Safety breaches for failing to conduct their business in a way that did not expose employees and members of the public to serious risks to their health and safety. The case involved consideration of complex expert evidence and highlighted failings in the training and supervision of the facility’s staff. The defendants were fined £10,000 on each of the two trial counts and ordered to pay the Council’s costs. The Judge accepted in his sentencing that “the company is inherently responsible” and has “a good health and safety record”.