Keith Morton QC
Head of Chambers

Year of Call: 1990 / Year of Silk: 2011

kmorton@tgchambers.com


Practice Areas


Keith Morton QC
Head of Chambers

Experience

Keith is recognised as a leading practitioner in the fields of health and safety law, inquests and inquiries. In October 2017 he was named Health and Safety Silk of the year at the Chambers and Partners UK Bar awards. His practice also encompasses administrative law and civil common law with a particular focus on personal injury .

Directories

Recommended in Chambers and Partners in the fields of Inquests, Inquiries and Health and Safety. The 2017 edition says he is “He is extremely thorough, meticulous in his preparation and tactically astute”, “A fantastic grasp of the law. He has a great jury manner and is a wonderful cross-examiner, which becomes immediately apparent” and “He is thorough, bright, intelligent and a pleasure to work with.” Earlier editions reported that Keith is “Bright, hard-working, careful in court but capable of baring his teeth when necessary.” “He is incredibly user-friendly, has a knack with clients and an almost instinctive knowledge of what the judge or coroner is looking for”, “His attention to detail is phenomenal”, “He is very good with clients, as he is user-friendly. His advocacy is excellent and well judged, he knows which points to take and he has a good grasp of tactics”, “an absolutely fabulous advocate” and a “calm advocate who reflects wisely” and note that Keith is “a ferocious cross-examiner” who “is in demand and responsible for exploring acres of new grounds in case law”, “works tirelessly and ceaselessly” and that “he outshines just about any other” with a “solid grasp of the law” and “great attention to detail”.

Recommended in Legal 500  in the fields of Health and Safety and Inquests and Inquiries.  The 2017 edition says: “An incisive cross-examiner and good tactician, who has the jury’s attention” and “He gets to the core of the issues quickly and with ease”. Earlier editions say: “He has a gravitas which inspires confidence in judges, juries and clients”, “Great with clients and good on his feet”, and that Keith is “direct, focused and decisive” and “has established an excellent reputation for his tremendous manner in court”.

Education

University of Hull, City University, Inns of Court School of Law

Professional Memberships

Health and Safety Lawyers Association, Administrative Law Bar Association, Personal Injuries Bar Association

R (HSE) V Tata Steel UK Limited [2017] EWCA Crim 704

In what is believed to be the first successful appeal against sentence for a very large organisation sentenced for health and safety offences under the Definitive Guidelines, Keith Morton QC and Dominic Adamson secured a substantial reduction in a fine imposed on Tata Steel UK following its guilty plea to two health and safety offences.

Read more

R v BAM Construction Limited

Keith represented BAM Construction Limited at a month long trial in which the Company was accused of failing to comply with its duties under Section 3 of the Health and Safety at Work Act 1974 and Regulation 22 of the Construction (Design and Management) Regulations 2007.

Read more

Vauxhall Helicopter Crash Inquest

Keith Morton QC acted for the Civil Aviation Authority at the Inquest into this high profile case in which a helicopter collided with a crane on top of St Georges Wharf Tower, then under construction in Vauxhall. The collision resulted in the death of the pilot and a pedestrian, a large number of injuries and significant damage to property


R v Dynamiq Cleaning Limited Central Criminal Court

Company prosecuted for failing to ensure the safety at work of its employees following an accident at Edgware Bus Depot in which a cleaner suffered serious injury. The company was acquitted following a two week trial


Re Tiya Chauhan

This inquest arose out of the death of a 22 month old girl who was attending a nursery school. As part of an activity session, cubes of jelly were made available in a sensory tray. Tiya choked on a cube of jelly taken from this tray. The jury considered that the death was contributed to by neglect. Keith Morton QC represented the company operating the nursery, Tim Sharpe represented a senior manager of the company and Charles Curtis acted for the London Borough of Merton.


Cox v Ministry of Justice [2014] QB 107

Leading decision of the Court of Appeal considering the reach of vicariously liability of the Ministry of Justice for the negligent act of a prisoner resulting in injury to a prison officer


R v Austin & McLean Limited and Esso Plc

Keith represented Austin & McLean in a prosecution following the death of a sailor on board ship at Esso’s Fawley Refinery. He was killed when the jib of a crane collapsed onto the ship’s deck. Austin & McLean were charged with corporate manslaughter. However, after initiating a dismissal application of that charge the case was resolved by a plea to a lesser offence under the Health and Safety at Work Act


Monk v Cann Hall Primary School and Essex County Council [2013] EWCA Civ 826

Court of Appeal decision on relationship between damages for unfair dismissal and common law damages for negligence causing person injury in the context of a dismissal. The Court of Appeal held that the Judge had been wrong to strike out the claimant’s case


R v Merlin Attractions Plc [2012] EWCA Crim 2670

The then leading case on sentencing large corporations following conviction for a health and safety offence resulting in death


University of Southampton v Mohtasham [2012] EWHC 1630 QB

The Court granted the University a wide ranging permanent injunction against the Defendant restraining her from harassing employees and research students of the University by her repeated and unfounded allegations including allegations of plagiarism. The Court of Appeal rejected the Defendant’s attempts to overturn the injunction on appeal


R v BAM Construction Limited

Defendant was the principal contractor on a large building project at the University of Bath. An employee of one of its sub-contractors was killed when temporary works which he was working under collapsed. BAM was acquitted of all charges following a 5 week trial.


Macintyre v Ministry of Defence [2012] EWHC 1690 QB

The Ministry of Defence succeeded in its defence to this claim arising out of serious injury sustained by an officer in the course of a mountain climbing accident during adventure training in the Alps


R v Dalkia Utilities Services Limited

Prosecution arising from the death of a workman exposed to carbon dioxide in the course of his employment. The case was discontinued following Keith’s cross-examination of the Prosecution’s expert.


Keith Morton QC shortlisted as Health & Safety silk of the Year

30th August 2017

TGC are delighted to announce that Keith Morton QC has been shortlisted for the Silk of the Year award for  Health & Safety  at the forthcoming 2017 Chambers UK Bar Awards to be held at The London Hilton on Park Lane on Thursday, 26th October 2017.


Keith Morton QC succeeds in challenge to Health and Safety Executive’s Fee for Intervention dispute process

10th March 2017

Keith Morton QC, instructed by Mike Appleby Partner of Fisher Scoggins Waters and representing OCS Group UK Limited, brought judicial review proceedings against the Health and Safety Executive’s (HSE) dispute process for challenging findings of contravention and fees issued under the Fee for Intervention (FFI) scheme. The HSE settled the judicial review out of court shortly before the hearing in the Administrative Court listed on 8 March 2017. The HSE also agreed to set aside two Notices of Contravention it had issued against OCS.

Read more

GDPR Privacy Notice

Thank you for choosing to instruct me in your case. I will need to collect and hold your personal information in order to represent you. I will take all reasonable steps to protect your personal information. I will do all that I reasonably can to ensure I do not infringe your rights or undermine your trust. This Privacy Notice describes the information I collect about you, how it is used and shared, and your rights regarding it.

Data Controller

I am registered with the Information Commissioner’s Office (ICO) as a Data Controller for the personal data that I hold and process as a barrister. My registered address is Temple Garden Chambers, 1 Harcourt Buildings, Temple, London, EC4Y 9DA and my registration number is Z4640598.

Data Collection

All of the information that I hold about you is provided to me or gathered solely in the course of and for the purposes of your case, proceedings or any related matter.

Lawful Basis for processing your information

The General Data Protection Regulation (GDPR) requires all organisations that process personal data to have a Lawful Basis for doing so. The Lawful Bases identified in the GDPR are:

  • Consent of the data subject
  • Performance of a contract with the data subject or to take steps to enter into a contract
  • Compliance with a legal obligation
  • To protect the vital interests of a data subject or another person
  • Performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
  • The legitimate interests of ourselves, or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.

Examples of legitimate interests include:

  • Where the data subject is a client or in the service of the controller;
  • Transmission within a group of undertakings for internal administrative purposes;
  • Processing necessary to ensure network and information security, including preventing unauthorised access;
  • Processing for direct marketing purposes, or to prevent fraud; and
  • Reporting possible criminal acts or threats to public security.

My Lawful Basis is Legitimate Interest namely the provision of professional services to you and the proper exercise of my professional obligations and responsibilities. My Lawful Bases may also include: consent and/or performance of a contract with you or steps to enter a contract with you and/or compliance with a legal obligation. In so far as I process sensitive personal data that is necessary in relation to legal proceedings and/or obtaining legal advice and/or otherwise for establishing, exercising or defending legal rights and/or for administering justice.

I use your information to:

  • Provide legal advice and representation;
  • The efficient and professional management of my practice as a barrister;
  • To investigate and address any concerns you may have;
  • Assist in training pupils and mini-pupils.

I do not use automated decision-making in the processing of your personal data.

I collect and process both personal data and special categories of personal data as defined in the GDPR. This includes:

Client data

  • Name;
  • Email;
  • Phone number;
  • Address;
  • Payment or bank details;
  • Date of birth;
  • Location details;
  • Device IP address;
  • Financial information;
  • Medical Records;
  • Employment Records;
  • Criminal Records.

I may share your personal data with:

  • My Instructing solicitors;
  • My pupil or mini pupil, under my training;
  • Opposing counsel and solicitors for the purposes of your case;
  • A Court or other Tribunal;
  • My Chambers management and staff who provide administrative services;
  • My regulator or legal advisors in the event of a dispute or other legal matter;
  • Other third parties where necessary to meet legal obligations;
  • Any other party where I ask you and you consent to the sharing.

Transfers to third countries and international organisations

I do not transfer any personal data to third countries or international organisations.

Retention

I retain your personal data while you remain a client and for as long as in necessary for me to meet my legal and professional obligations. My Retention and Disposal Policy (copy available on request) details how long I hold data for and how I dispose of it when it no longer needs to be held.

Your Rights

The General Data Protection Regulation gives you specific rights around your personal data. For example, you have to be informed about the information I hold and what I use it for, you can ask for a copy of the personal information I hold about you, you can ask me to correct any inaccuracies with the personal data I hold, you can ask me to stop sending you direct mail, or emails, or in some circumstances ask me to stop processing your details. Finally, if I do something irregular or improper with your personal data you can seek compensation for any distress you are caused or loss you have incurred. You can find out more information from the ICO’s website http://ico.org.uk/for_the_public/personal_information and this is the organisation that you can complain to if you are unhappy with how I dealt with you.

Accessing and Correcting Your Information

You may request access to, correction of, or a copy of your information by contacting me in writing at my registered address.

Marketing Opt-Outs

You may opt out of receiving emails and other messages from my Chambers by following the instructions in those messages.

Cookies

Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements. The Chambers website use cookies to:

  • Validate users;
  • Remember user preferences and settings;
  • Determine frequency of accessing our content;
  • Measure the effectiveness of advertising;
  • Analyse site visits and trends.

I may update my Privacy Notice

When I make significant changes, I will publish the updated Notice on my website profile.