Stephen Uttley was successful in the Prosecution of Total UK Limited who faced one offence contravening Regulation 4 of The Control of Major Accident Hazard Regulations 1999 (thereby committing an offence by virtue of Section 33(1) (c) of The Health and Safety at Work etc. Act 1974.
He was instructed by HSE and advised on the criminal proceedings from the outset. The Prosecution was as a result of an investigation by HSE following an accident at Total Lindsey Oil Refinery Immingham on the 29 June 2010 which resulted in an uncontrolled release of crude oil and a fire which resulted in a fatality.
The case against Total UK Limited was that they failed to take all measures necessary to prevent a major accident, arising from the task of isolating a steam-out line at blinding point 23/144 beneath Crude Distillation Column 23C-1, which included the failure to undertake a suitable and sufficient process risk assessment and the failure to eliminate the risks associated with crude oil in process, which led to the release of crude oil and a fire which resulted in a fatality.
The Company were fined £1.4 million for the offence and ordered to pay the Prosecution costs. The case attracted local and national media attention.
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