R (HSE) v X Construction Company Limited
Keith secures a reduction of almost quarter of a million pounds for a very large construction company following its guilty plea to a charge under section 2 of the Health and Safety at Work Act 1974.
Year of Call: 1990 / Year of Silk: 2011
Practice Areas
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.
Keith has appeared in many of the most high profile inquests and health and safety cases in recent years. He has represented some of the country’s leading corporations and public bodies in health and safety related criminal proceedings, inquests and public inquiries. He represented and advised the Metropolitan Police in the Stockwell Shooting prosecution and Transport for London in the Inquests into the London Bombings of 7 July 2005. He represented the father of one of the SAS recruits who died from heat illness while training in the Brecon Beacons. He was junior counsel for the defence in R v Cotswold Geotechnical (Holdings) Ltd, the first prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007. In respect of his common law work Keith is accustomed to dealing with complex civil litigation for both claimants and defendants. He has extensive experience of public inquiries such as the Ladbroke Grove Rail Inquiry, the (first) Mid-Staffordshire NHS Foundation Trust Inquiry and the Grenfell Tower Inquiry.
Recommended in the top band of Chambers and Partners in the fields of Inquests, Inquiries and Health and Safety.
The 2019 edition says that he is “A brilliant barrister who has a lovely manner with clients. He is very knowledgeable and very thoughtful” and “has good vision, a good eye for detail and experience of handling big cases”.
Earlier editions say “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.” They have also 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 top band in the fields of both Health and Safety and Inquests and Inquiries. The 2020 Edition reports that Keith is “Probably the best QC in the field …” and has “First-class client skills, with meticulous attention to detail and focused on working with solicitors as part of an integrated legal team”.
Earlier editions reported that Keith “is one of the best cross-examiners of expert witnesses and is always polished” and that “He is undoubtedly one of the leaders in this area of law and a pleasure to work with”. The 2017 edition said: “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”.
Assistant Coroner for Cambridgeshire and Peterborough
University of Hull, City University, Inns of Court School of Law
Health and Safety Lawyers Association, Administrative Law Bar Association, Personal Injuries Bar Association
Keith secures a reduction of almost quarter of a million pounds for a very large construction company following its guilty plea to a charge under section 2 of the Health and Safety at Work Act 1974.
Keith secures a substantial reduction in the fine imposed for breach of Regulation 25(3) of the Construction (Design and Management) Regulations 2015. Prosecution arose as a consequence of a tipper vehicle striking an overhead power line (OPL).
Keith has been retained to advise some of those engaged in the Public Inquiry.
Keith is instructed by the Civil Aviation Authority in the ongoing Inquests in the deaths of 11 people on 22 August 2015 when a Hawker Hunter participating in the Shoreham Air Show crashed onto the A27
Keith Morton QC, Tim Sharpe, Robert Riddell and Elizabeth Gallagher are instructed by the Head of Legal Services at South Yorkshire Police in connection with the Group Litigation Order (“GLO”) granted in November 2016.
Read moreIn 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 moreSuccessful Judicial Review proceedings challenging the HSE’s dispute process for challenging findings of contravention and fees issued under the Fee for Intervention (FFI) scheme and two specific notices.
Read moreKeith 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 moreKeith 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.
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
Keith Morton QC represented the father of one of three SAS reserve recruits who died from heat illness in the course of specialist military training on the Brecon Beacons. The Coroner concluded that their deaths were attributable to systemic failures and neglect
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.
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
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
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
The then leading case on sentencing large corporations following conviction for a health and safety offence resulting in death
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
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.
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
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.
Acted on behalf of Transport for London. Inner West London Coroners Court – Hallett LJ. Instructed by TfL Legal.
Keith was Counsel to the (first) Inquiry presided over by Sir Robert Francis QC into allegations of very poor provision of care and treatment by the Trust
18th March 2021
Welcome to the inaugural edition of the TGC Inquests and Inquiries newsletter, a twice-yearly publication containing articles on recent key legal developments in these fields, as well as a selection of recent noteworthy cases in which Members of Chambers have been involved.
20th August 2020
Keith Morton QC writes the Legal Highlight of the Week in today’s Edition of Edward Fennell’s Legal Diary.
10th July 2020
Members of the Health & Safety and PI teams at Temple Garden Chambers have recorded their second podcast in our Covid – 19 series.
The podcast is essential listening on the implications for employers and employees in relation to the return to the workplace in the shadow of Covid 19.
Please join ranked leaders in the field Keith Morton QC and Dominic Adamson QC along with Lionel Stride, David R White and James Yapp via the below link.
The date of knowledge information as mentioned within the podcast can be obtained here.
9th June 2020
With the end to lockdown in sight, operators must now form a viable plan for health and safety. Keith Morton explains the key points The Caterer 5 June 2020.
26th May 2020
Members of the Health & Safety team at Temple Garden Chambers intend to inform and assist in a topical podcast on the implications to employers on workers returning to the workplace in the shadow of Covid 19.
Please join ranked leaders in the field Keith Morton QC, Dominic Adamson QC along with Lionel Stride, David White and James Yapp via the link below.
More information on the speakers and the areas in which TGC can assist can be found at:
Or by contacting the clerks:
0207 583 1315 or clerks@tgchambers.com
23rd October 2019
Issue X of the TGC Fraud Newsletter, a publication we have set up with the stated aim of facilitating the sharing of information about decided claims involving issues of road traffic fraud and related matters, can be found at the link below.
16th March 2021
Welcome to the inaugural edition of the TGC Inquests and Inquiries newsletter.
Read more27th January 2021
TGC is delighted to announce that the Lord Chancellor and Chief Coroner have approved Keith Morton QC’s appointment as Assistant Coroner for Cambridgeshire and Peterborough, under the Senior Coroner David Heming.
Read more5th November 2020
Keith Morton writes for the November 2020 issue of Safety Managment. The Covid-19 pandemic may be unprecedented but the duty to comply with the common law and health and safety regulations is not.
Read more3rd September 2020
Workplace guidelines for coronavirus are born from bad government guidance. The law shouldn’t punish businesses for trying to follow it. Read Keith Morton QC’s article in today’s issue of The Times.
20th August 2020
Keith Morton QC writes the Legal Highlight of the Week in today’s Edition of Edward Fennell’s Legal Diary.
10th July 2020
Members of the Health & Safety and PI teams at Temple Garden Chambers have recorded their second podcast in our Covid – 19 series.
Read more26th June 2020
Business owners may still be concerned that they get their health and safety obligations absolutely right to protect employees and customers. Keith Morton QC comments in today’s issue of This is Money about the grey area that remains around how firms should manage health and safety effectively and legally in their workplace.
9th June 2020
With the end to lockdown in sight, operators must now form a viable plan for health and Safety. Keith Morton explains the key points in the 5 June issue of The Caterer.
26th May 2020
Members of the Health & Safety team at Temple Garden Chambers intend to inform and assist in a topical podcast on the implications to employers on workers returning to the workplace in the shadow of Covid 19.
Read more20th May 2020
In this month’s edition of Tomorrow’s Health & Safety Keith Morton QC looks at the legislation dutyholders must abide by in the shadow of COVID-19. The article can be viewed here.
23rd January 2020
Keith Morton QC and Nancy Rice had the honour of attending Clarence House on behalf of Temple Garden Chambers for a reception hosted by Her Royal Highness The Duchess of Cornwall Patron, Royal Trinity Hospice.
Read more8th October 2019
Keith Morton QC, instructed by Richard Voke of Temple Bright, Bristol has secured a substantial reduction in the fine imposed on a large construction company following a guilty plea to a charge under section 2 of the Health and Safety at Work Act 1974.
Read more30th October 2017
We are delighted to announce that Keith Morton QC was awarded “Health & Safety Silk of the Year” at the Chambers UK Bar Awards 2017.
Read more30th 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.
9th June 2017
Keith Morton QC and Dominic Adamson secure a half million pound reduction in fine for Tata Steel UK.
Read more25th April 2017
We are delighted to announce our second major seminar of 2017.
Read more19th April 2017
Keith Morton QC represented the Civil Aviation Authority at the high profile Inquest into the death of Mr Richard Westgate, a former British Airways pilot.
Read more10th 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 more11th January 2017
Keith Morton QC, instructed by Madeleine Abas of Osborn Abas Hunt, represented BAM Construction Limited at its trial for breaches of two alleged health and safety offences.
Read more10th October 2016
Keith Morton QC instructed by the Government Legal Department for the AAIB overturns decisions of the Senior Coroner for Norfolk in which the Coroner had sought to order disclosure of a cockpit voice and data recorder and to fine the Chief Inspector of the AAIB for non-compliance with her orders.
Read more10th October 2016
Keith Morton QC, instructed by Mike Appleby of Fisher Scoggins Waters, is acting for a facilities outsourcing company OCS Group UK, who are seeking to quash the HSE’s current system for deciding FFI appeals and to challenge the rejection of its appeals against specific Notices of Contravention.
Read more1st June 2016
Temple Garden Chambers is delighted to announce that Keith Morton QC has become Head of Chambers with effect from 1 June 2016.
Read more11th December 2015
Jury finds the deaths of two men following the crash were accidental
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