No5 Barristers' Chambers

Inquests and Inquiries, Business and regulatory crime, Health and Safety, Environmental, Corporate and Individual.

Barrister

Bernard Thorogood practises in the most serious categories of Health and Safety and other Regulatory cases of gravity and complexity, both defence and prosecution, including the build-up to and conduct of substantial Inquests. He is a leading practitioner in such cases, having specialised in the area for over 25 years.

He is always involved in a very substantial number of fatal cases, usually being instructed from well before the Inquest or prosecution decision. He represents and advises both individuals and organisations, including major commercial concerns and public bodies, in regulatory matters concerning their present and future practice.

His work has covered all aspects of manufacturing, construction (including adequacy of materials/systems), the health and social care sectors (both charitable and publicly funded), local government, transport, food safety, farming accidents, environmental matters and many other areas. He has extensive experience of mining cases, including falls of ground, ventilation and operation of heavy equipment. He works frequently on fire safety cases across the UK, having acted for the Fire Service in the Hillsborough Inquests and been instructed in the Grenfell Inquiry, amongst many other high profile cases.

His trademarks include thorough attention to detail and to the needs of the client, and achieving a deep understanding of the most complex and technical evidence.

He has conducted a number of highly complex prosecutions for Natural England and the Environment Agency concerning the preservation of moorland, ancient woodland, protected rivers and other SSSIs – eg. Wemmergill Moor (County Durham, 2008), Gelt Wood (Cumbria, 2013), the Pevensey Levels (Sussex, 2015), Baggy Point farm (North Devon, 2021-22) and the River Lugg (Herefordshire, 2023).

Selected cases of interest –

R (HSE) v a major recycling business - February 2024 – acted for a major recycling business in the matter of a workplace transport death, both in Inquest and later prosecution. Case attracted significant national publicity. Case also required intense in-depth work on financial issues.

R (Natural England and Environment Agency) v Price - In April-May 2023 acted for Natural England and the Environment Agency in the prosecution of an environmental offender who had bulldozed a SSSI salmonid river over 1.5km, causing substantial environmental damage – sentence of immediate custody upheld on appeal - £600k costs ordered.

R (Natural England) v Cooper - From 2021 to 2022 acted for Natural England in the case of a farmer facing unusual allegations of having carried out prohibited agricultural works on land of archaeological importance. This case involved a litigant in person, requiring extensive management. Achieved guilty plea, 2 years after case came to the Crown Court, through careful management and case presentation. Subsequent appeal dismissed.

In two separate cases in 2019 (one EA one CQC – fatal case) represented and secured the acquittals of a director and senior manager. In 2020 similar outcome for director charged by Local Authority – the other director fined nominal figure. In 2020 secured superb outcome for large Local Authority charged in relation to work at height issues at school. Likewise for major national employer in relation to Fire Safety at Football League Club.

Major International Food Business – Oxford – Defence - concluded June 2021 – Court accepted the problem was of a marketing nature and thus penalty transformed downwards to extremely modest proportions. Low culpability finding secured and significant praise for the Company’s leadership. 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.

Inquest examples:

Current – Swansea – acting for a major public body in the matter of an Inquest which concerns an inrush of water which caused several fatalities in 2011.

Current – representing a major manufacturing business regarding a fatality in a warehouse utilising automated laser guided vehicles.

Current – engaged by a Local Authority regarding a fatal fall from height.

2024-5 – represented a Local Authority in an investigation into the fatal overturning of mobile equipment. In addition to Inquest, this case involved detailed successful appeals of enforcement notices and FFI issued by a major regulator. There will be no prosecution.

April 2022-4 – acted for a Local Authority in an Inquest concerning a death involving machinery mounted on a refuse collection vehicle. Detailed examination of regulation revealed significant oversights by manufacturers of internationally supplied component machinery, leading to immediate shifts in guidance, a significant result for client.

January 2024 - acted for a major public body in the matter of an Inquest concerning a young person’s death on post-industrial land. A sensitive case with multiple child witnesses, in which questions of ownership and precise responsibilities were central.

Acted for a major NHS Mental Health Trust in a number of Inquests regarding post-discharge deaths, both in general and specific. The cases required swift assessment of substantial body of medical records and very large number of highly general national guidelines. Extensive preparation and involvement of central individuals achieved favourable outcomes.

Represented a major NHS Mental Health Trust in a 2-week Inquest relating to a death in a secure mental health unit, in context of Parliamentary Inquiry into several years of such deaths in this Trust.

June 2021 – represented a Local Authority in relation to multiple fatalities arising from a fire. Focused preparation and submissions to the Court persuaded the Coroner on several key points, including contentious witness testimony.

2021 – instructed for a major NHS Trust in a case featuring multiple deaths. Very early meetings of legal teams and careful presentation of the Trust’s work to improve practices persuaded the Court that the Trust was “well-led” - the fine was very substantially lower than it could have been.

February 2017 – acting for St John Ambulance in Inquest arising from music festival death.

English

Health and Safety Lawyers Association;

Criminal Bar Association;

Previously on List 'A' of the Specialist Panel of Regulatory Advocates for over 25 years.

Read law at Leeds University (1977-80).

Read for the Bar in 1985-86.

Recorder from 2005-2021.

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.