Stephen Uttley was successful in the Prosecution of Castlelite Limited who faced one offence of failing to discharge a duty contrary to Section 4(2) of the HSW Act 1974 and Casa Events Limited for failing to discharge a duty contrary to Section 3 (1) of the HSW Act 1974 and for failing to discharge a duty contrary to Section 2 (1) of the HSW Act 1974. Mr Uttley was instructed by Calderdale Council and advised on the criminal proceedings against both companies from the outset. The Prosecution was as a result of an investigation following an accident on Friday 15 February 2013 at the Casa Hotel and Restaurant, 281, Elland Road, Brighouse where a metal framed timber clad cantilevered balcony structure collapsed from the rear first floor elevation of the residential part of the hotel resulting in serious injury being caused to 5 people who were stood on the balcony when it collapsed.
Although both companies had pleaded guilty, the Prosecution did not accept their Basis of Plea and a two-day Newton Hearing took place at Bradford Crown Court. Mr Uttley successfully argued the extent and severity of the breaches by Castlelite Limited, that there had been a reckless disregard for health and safety requirements by them, that this had been done for financial gain and that Castlelite Limited had failed to co-operate during the investigation. Castlelite Limited were fined £75,000 and ordered to pay the Prosecution costs. Casa Events Limited were fined £15,000. The case attracted local and national media attention.
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