9 May, 2019
Sam Jones was recently instructed to defend Virgin Media Limited against a series of Prosecutions across several London Boroughs. The Royal Borough of Kensington and Chelsea and the London Borough of Hammersmith and Fulham, in separate prosecutions, alleged offences contrary to sections 65 and 68 of the New Roads and Street Works Act 1991, Regulations 19 and 20 of The Traffic Management Permit Scheme (England) Regulations 2007 and Section 137 Highways Act 1980 as amended by the Police and Criminal Evidence Act 1984. The alleged offences related to various construction projects undertaken by the Company, and its contract partners, across the City of London.
In each case the Prosecution contended that the Health and Safety Offences Sentencing Guideline should apply, in particular, to the section 65 New Roads and Street Works Act offences. Sam successfully argued that the Court would be wrong to adopt such an approach and persuaded the Judge to impose significantly lower fines than would otherwise have been the case had the Sentencing Guidelines been applied.
Sam is available for instructions in cases involving similar matters.