Richard Matthews KC

Corporate criminal and regulatory specialist King’s Counsel

Leading Health & Safety Barrister

Richard Matthews KC has been instructed in a great number of health and safety cases, both for the prosecution and the defence. He has particular experience in cases involving:

  • Gas and oil industries

  • Construction industry fatalities

  • Nuclear industries

  • Asbestos exposure

  • Traffic management

  • NHS Trusts and the uniformed services

  • Control of Major Hazards and the Construction (Design and Management) Regulations.

Richard is highly rated by the independent guides to the Bar: he is listed as a ‘star rated’ KC in Health and Safety by Chambers & Partners and in the highest tier of leading KC’s in Health and Safety by the Legal 500:

“He is incredibly bright, unbeatable on the law, and an effortless courtroom advocate; equally effective with judges and juries. He is also a real team player with a relentless work ethic, and always has an eye on the the big picture strategy. When the stakes are at their highest, he is the man you want on your side.”

— Legal 500, 2021 edition

* * *

“A genuine expert in the health and safety world. Clients love him and he deploys a range of skills in court to get his points across.”

— Chambers & Partners, 2021 Edition

Richard Matthews KC appeared in the leading House of Lords decision on health and safety, R v Chargot [2008] UKHL 73, and was leading counsel in two joined appeals in the Court of Appeal that followed the Supreme Court decision in Baker v Quantum Clothing Group Limited & Others [2011] UKSC 17 [2011] 1 WLR 1003. The resulting judgment, R. v. Tangerine & Veolia [2011] EWCA Crim 2015, (2012) 176 J.P. 349, provided a definitive authority on the approach to offences of breach of ss 2(1) & 3(1) of the Health and Safety at Work etc. Act 1974.

Richard has appeared in  many of the leading Court of Appeal authorities concerned both with liability of employers and company directors. (R. v. HTM [2007] 2 All ER 665; R. v. P [2008] ICR 96) and with sentence ( R. v. Pointon (John) and Sons Ltd [2008] EWCA Crim 513, [2008] 2 CrAppRep(S) 472, R v. Transco Plc [2006] 2 Cr.App.R.(S.) 740, R. v. Colthrop Board Mills [2002] 2Cr.App.R.(S.) 79), including the leading authorities on the sentencing of major corporations decided by the Lord Chief Justice, R. v. Sellafield [2014] EWCA Crim 49; [2014] Env. L.R. 19; [2014] L.L.R. 572. and group/subsidiary companies, R. v. BUPA Care Homes (BNH) Ltd [2019] EWCA Crim 219 [2020 1 Cr.App.R. (S.)

Richard Matthews KC is co-author of the leading textbook on Health and Safety Enforcement (Health and Safety: Law and Practice; Oxford University Press, 4th edition, January 2016). He gave expert assistance to the Sentencing Council during the drafting of the Definitive Sentencing Guideline for Health and Safety Offences. In October 2020, he was again given the Chambers Bar Award of Health and Safety Silk of the Year.

He has advised extensively on criminal liability arising under sections 2/3 Health and Safety at Work etc. Act 1974. Richard has advised solicitors acting for directors investigated and charged in respect of personal responsibility for company health and safety failures (s.37) and senior managers investigated and charged with personal breaches of health and safety duties (s.7). He has conducted numerous trials concerning the same. He advises a number of major UK and international corporations on health and safety regulatory compliance. He has advised on and conducted numerous appeals against HSE and local authority prohibition/improvement notices and in relation to licensed activities subject to appeal to the Secretary of State. He acted for Agchemaccess Ltd in the successful judicial review challenge to enforcement notices served by the HSE under the plant protection product safety legislation.

Richard has regularly advised and represented many of the world’s leading corporations in relation to health and safety:

“An impressive silk who has a wealth of experience in cases spanning the full breadth of regulatory and criminal health and safety issues. He has represented international corporations and individuals, as well as FTSE companies such as Siemens and Walkers, in investigations and prosecutions brought by the HSE.”

— Chambers & Partners [2021]

For more than 10 years, Richard was Standing Counsel to the HSE and the Office of Rail Regulation (now the Office of Rail and Road). During that time he advised the HSE and the Environment Agency in respect of the investigation into the Buncefield Oil Depot explosion and fire in December 2005, and prosecuted the case at trial. He also led the prosecution of Marks & Spencer Plc in a lengthy trial arising from risks of asbestos exposure to workers and the public during refurbishment work at the company's store in Reading.

Fire Safety Order

Richard has extensive experience in advising and representing public authorities, corporations, fire and rescue authorities and individuals in respect of the Regulatory Reform (Fire Safety) Order 2005. Richard’s opinion on the provisions of the Order was submitted to the government  and quoted in the House of Lords debate of what became the Fire Safety Act 2021.

Richard has:

  • Advised on the issuance and appeal against enforcement notices;

  • Advised responsible persons in relation to compliance;

  • Conducted the prosecution of a landlord / responsible person of a HMO (House in Multiple Occupation) who was imprisoned for breaches of the Order following a fire in which a tenant received horrific injuries;

  • Advised and represented a number of large UK retail and hotel chains in regard to alleged breaches of the Fire Safety Order;

  • Represented the store manager of a major UK supermarket chain charged with personal responsibility for breaches of the Fire Safety Order;

  • Represented a fire door supplier in proceedings involving alleged breaches of the Fire Safety Order. The prosecution was ultimately dropped with defence costs awarded against the Fire Authority;

  • Advised and represented the London Borough of Southwark following the fatal fire at the Lakanal flats;

  • Advised and represented BUPA Care Homes (ANS) Ltd in the proceedings brought under the Fire Safety Order following the death of a care home resident; and

  • Advised extensively public authorities, housing and building contractors in regard to disputes regarding fire safety provisions in construction project contracts.