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No5 Barristers Chambers

Chambers of Mark Anderson QC

FOUNTAIN COURT, STEELHOUSE LANE, BIRMINGHAM, B4 6DR, ENGLAND
Tel:
Work 0845 210 5555
Fax:
Fax 0121 606 1501
DX:
16075 BIRMINGHAM
Email:
Web:
www.no5.com
Birmingham, Bristol, Leicester, London

Bernard Thorogood

Tel:
Work 0845 210 5555
Email:
Web:
www.no5.com
No5 Barristers Chambers (Chambers of Mark Anderson QC)

Work Department

Health and safety, crime (corporate and individuals), environment.

Position

Specialises in the most serious categories of health and safety, environment and other regulatory cases including corporate/gross negligence manslaughter and fire safety – prosecution and defence. Frequently appears at Inquests. Advises large organisations, including national/international businesses, in regulatory matters concerning their present and future practice.

Selected cases of interest - In two separate cases in 2019 (one EA one CQC – fatal case) represented and secured the acquittals of a director and senior manager.
Cushman and Wakefield Ltd – Wolverhampton C.C. – concluded July 2019 – Prosecution - wooden structure blown off building during Storm Doris, causing death and other injury in the street below. Failure to maintain. Hewitt - Bristol C.C. and Court of Appeal – concluded February 2018 – Defence – the jury acquitted company chairman of the most serious offence, and the Court of Appeal quashed the remaining s.37 conviction – costs recovered; Oxford C.C. – March 2018 – Prosecution – Southern Health NHS Trust (including the tragic death of Connor Sparrowhawk); Stoke C.C. – July 2018 - Defence – successful submissions for major national employer, leading to very low fine; R (HSE) v Martin Baker Aircraft Limited – Prosecution - February 2018 – death of a Red Arrows pilot; R (HSE) v Merlin Attractions – Prosecution – September 2016 - the Alton Towers rollercoaster disaster; R (Natural England) v Day [2014] EWCA Crim 2683; R (HSE) v Balfour Beatty and Enterprise AOL [2014] EWCA Crim 2684; for Fire Service in Hillsborough Inquests; R (HSE) v British Sugar PLC – defence – acquitted in fatal case following legal argument - abuse of process – July 2014; R (HSE and Central Bedfordshire Council) v Hertfordshire Partnership NHS Foundation Trust and Chelvanayagam Menna (April to June 2012) Luton Crown Court – prosecution – following killing of care worker in care home by new resident see R v Menna [2013] EWCA Crim 2438; Inquest examples: Current – acting for local authority in double fatality matter and representing Regulator in case featuring five fatalities. February 2017 - acting for St John Ambulance in Inquest arising from music festival death; Nottingham [October 2015] – for the Local Authority in case in which a vulnerable young man drowned when in their care.

Career

Prior to being called to the Bar: four year Short Service Commission in the Army (Infantry) 1981-85; gap year in industrial production 1976-77.

Member

Health and Safety Lawyers Association; Criminal Bar Association; Forensic Science Society; The Agricultural Law Association.

Education

University Of Leeds 1977-1980


Regional Bar: Midland Circuit

Inquests and inquiries

Within: Leading Juniors

Bernard Thorogood - No5 Barristers ChambersClear and passionate with gravitas and presence in court.

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Regulatory, health and safety, and licensing

Within: Leading Juniors

Bernard Thorogood - No5 Barristers ChambersA first-class advocate with excellent client care skills.

Within: Regulatory, health and safety, and licensing

No5 Barristers Chambers is 'one of the main sets for regulatory law in the Midlands' and also has 'excellent depth' in its health and safety team. Bernard Thorogood recently prosecuted for the Health and Safety Executive in a case arising out of the death of a Red Arrows pilot in which the manufacturer of a faulty ejector seat was fined £1.1m. Adrian Keeling QC and Harpreet Singh Sandhu are notable for their expertise in police discipline. Rex Tedd QC retired.

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