Stephen Uttley successful after two day hearing in the prosecution of Castlelite Limited and Casa Events Limited

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.

For more information:

• BBC
• Daily Mail
• Halifax Courier

Authors

Stephen Uttley

Call 1984