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Press

Firm fined after worker's roof fall causes 'life-threatening' injuries, HSE, 21 April 2015

Gerard recently acted for Lockheed Martin in a case concerning a contractor falling from height in the UK.

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Fine guidance proposals could boost penalties to £20 million plus, Health and Safety at Work, 13 November 2014

New guidelines proposed for courts could mean fines of up to £10 million for the most serious health and safety offences and of more than £20 million for organisations convicted of corporate manslaughter.

Barrister Gerard Forlin QC, who has acted in landmark safety cases, told Health and Safety at Work the draft guideline was "a huge potential game changer. The talk of fines up to £20 million and even higher for the largest organisations in the most serious corporate manslaughter cases will create a huge and possibly heated debate."

"Especially for larger organisations with brand loyalty and reputational concerns, it will almost certainly lead to more contested trials, or very early pleas of guilty on a basis with the prosecuting authorities," he added.

 

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IOSH 2014: leading indicators, Health and Safety at Work, 3 July 2014

Deregulation and leadership were two of the main topics aired at the chartered body's June conference.

Barrister Gerard Forlin said he was nervous about deregulation because the UK's safety record is "the envy of the world". He noted that the inquiries into the Home Counties rail crashes of the last decade found the causes included removal of safety rules because the corporate memory could not recall their purpose.

 

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Friend, Not Foe, International Business Review, 29 May 2014

Throughout the history of business, there have been cases where individuals violate regulations or commit crimes in the course of trying to gain an advantage for their company. Although the guilt of the individual responsible may be easy to establish, the culpability of the corporation is not always clear cut. For example, can a company be held responsible if its directors or senior management turn a blind eye to illicit conduct, such as bribery, even if they do not expressly ask for it? The NKRA Against Corruption says yes.

Agreeing with this stance is a leading expert in the field of corporate liability, corruption and bribery, Gerard Forlin QC, who is a member of the Bar in England, Australia, the British Virgin Islands and other jurisdictions. In addition to being a Queen's Counsel (a senior member of the English Bar), he is also the General Editor of the Third Edition of Corporate Liability: Work-Related Deaths and Criminal Prosecutions (Bloomsbury 2014).

 

Click here for full article

 

"IOSH 2014 Big Debate: 'You are a regulator. Stick to regulating' SHP Safety and Health Practitioner The official magazine of IOSH (19 June 2014)

The eight-strong panel, consisting of Gerald Forlin QC, Kevin Furniss, Judith Hackitt CBE, Hugh Robertson, Neal Stone, Dr Janet Asherson, Shaun Lundy and Dominic Cooper, used the end of a busy two days to talk about what deregulation means for the UK and whether it is necessary.

Gerard Forlin QC, Cornerstone Barristers, agreed, saying the UK is the envy of the world with its safety record and expressed his concern at changing the regulation when it seems to be working. "We have, along with the Swedes and a couple of others, the best death safety rate in the world," he said. "Obviously it's still too high, but it's definitely going in the right direction, and I'm really scared about fiddling with this."

"Gerard Forlin QC interviewed at the Prime Ministers office in Putrajaya, Malaysia" (April 2014)

Gerard was recently interviewed at the Prime Ministers office in Putrajaya by the press on behalf of the Malaysian Governments anti-corruption initiatives.

 

Click here for a photo of Gerard speaking at the event 1

Click here for a photo of Gerard speaking at the event 2

"Burma: Cleaning up for growth" (GOV.UK) (18 March 2014)

Gerard was part of a UK team supporting ASEAN-wide efforts to tackle corruption and improve private sector transparency

"Gerard Forlin QC, quest speaker at the conference, said: Companies should not feel that they can cut corners in less strongly regulated environments. Regulators are watching the global picture and the noose is tightening. The UK, with its strong legislation, is not saying 'we are better than the others'. The UK just got there first and it is the direction that the world is moving in."

 

"Invitation to join 'Bar-Italia' - the Association of British-Italian Barristers" (December 2013)

Gerard, in association with Chantal-Aimée Doerries QC and Nick De Marco, is seeking interest from those who would like to join or help to establish such an association.

 

"HRH attends talk on legal issues" (The Brunei Times) (15 November 2013)

Lawyers from the Attorney General's Chambers (AGC) of Brunei Darussalam yesterday attended a talk given by prominent Queen's Counsel Gerard Forlin at the Dewan Jubli Emas, the AGC's Law and Courts Building.

The talk, titled "Public Inquiries and Professional Discipline", was conducted as part of a "Share and Discuss Session", which is a weekly forum organised by the AGC to discuss legal issues

Present as the guest of honour was Her Royal Highness Princess Hjh Muta-Wakkilah Hayatul Bolkiah. Also in attendance were Honorary Solicitor General Dyg Naimah Md Ali, British High Commissioner David Campbell and Deputy British High Commissioner Sunny Ahmed.

 

"QC highlights legal trends and issues in Aviation" (20 October 2013)

Aviation Business Asia Pacific follows up on Gerard's inaugural Safeskies Sir Patrick Gordon Taylor Lecture.

"CSR Thought Leadership series: Learning about global regulatory trends on anti-corruption" (September 2013)

Singapore Compact was delighted to have an expert speaker, Queen's Counsel Mr Gerard Forlin who shared an insight to the UK Bribery Act, international anti-corruption regulatory trends and how these can impact businesses globally.

"Gerard Forlin QC spoke today at UKTI on UK's 2010 Bribery & Corruption Act" (6 August 2013)

Gerard Forlin QC spoke today at UKTI on UK's 2010 Bribery & Corruption Act and its impact on companies globally.

"Maxwell Chambers" (June 2013)

Maxwell Chambers is the world's first integrated dispute resolution complex, housing both best-of-class hearing facilities as well as top international Alternative Dispute Resolution (ADR) institutions. Centrally positioned in the heart of Singapore's business district, Maxwell Chambers is located in the former Customs House, a refurbished four-storey conservation building with a stately neo-classical façade.

In addition, several eminent local and foreign arbitrators have set up shop in the building, including Professor Lawrence Boo, Mr Gerard Forlin QC, Professor Bernard Hanotiau, Mr Christopher Lau SC, and Mr David Williams QC, as well as barristers from top London Chambers - One Essex Court, 20 Essex Street, 39 Essex Street, and Essex Court Chambers.

 

"UK Bribery Act Seminars held in Australia" (9 May 2013)

The British High Commission and UK Trade & Investment (UKTI), in conjunction with Transparency International (TI), ran three two-hour seminars in Sydney and Melbourne over the past month.

The UK's landmark 2010 Bribery Act set a benchmark for anti-bribery law and London barrister Gerard Forlin, QC, led a speakers' panel including representatives from Baker & McKenzie, Ashurst, Deloitte and KordaMentha which outlined how the Act impacted on companies operating in Australia.

"Prosecutors Targeting Top Brass in Oil & Gas Accdients" (Australasian Oil & Gas Conference Daily Review) (21 February 2013)

Prosecutors are becoming more willing to target senior management of oil and gas companies in cases of major workplace accidents, according to Gerard Forlin QC, a legal expert in gross negligence manslaughter and disaster litigation.

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"Legal expert to speak on workplace accidents" (SafetySolutions) (5 February 2013)

Prosecutors are becoming more willing to target senior management of oil and gas companies in cases of major workplace accidents, according to Gerard Forlin QC, a legal expert in gross negligence manslaughter and disaster litigation.

Forlin will deliver a keynote presentation at the Australasian Oil & Gas Conference (AOG) in Perth.

"Prosecutors Targeting Top Brass in Oil & Gas Accdients" (Australasian Oil & Gas Conference News) (February 2013)

Prosecutors are becoming more willing to target senior management of oil and gas companies in cases of major workplace accidents, according to Gerard Forlin QC, a legal expert in gross negligence manslaughter and disaster litigation.

Forlin will deliver a keynote presentation at the Australasian Oil & Gas Conference (AOG) in Perth.

"Prosecutors Targeting Top Brass in Oil & Gas Accdients" (PACE Process and Control Engineering) (29 January 2013)

Prosecutors are becoming more willing to target senior management of oil and gas companies in cases of major workplace accidents, according to Gerard Forlin QC, a legal expert in gross negligence manslaughter and disaster litigation.

Forlin will deliver a keynote presentation at the Australasian Oil & Gas Conference (AOG) in Perth.

"Inquest into South Georgia Death Reopens" (Penguin News—Falkland Islands) (25 January 2013)

Gerard appeared in a two week inquest into the death of a passenger on the Shackleton Walk in South Georgia. The coroner gave a narrative verdict.

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"Feature on arbitrators and barristers at Maxwell Chambers (Asian Legal Business)" (November 2012)

Maxwell Chambers in Singapore features in Asian Business Magazine in an article demonstrating the set's global expertise in arbitration:

"We looked at which sets were considered among the best in their respective fields, and were also active in Singapore and the region. Over time, as space became available, we looked at who had registered interest in our facility and brought more on board gradually."

Gerard said: "I feel extremely fortunate to be a new tenant at Maxwell Chambers," he said. "Having spent part of my childhood years in Singapore, Maxwell Chambers represents, in my view, all that is excellent in Singapore – highly prestigious, efficient, helpful, charming, and in every sense global."

 

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"Gerard Forlin QC appointed to Royal Aeronautical Society list of Arbitrators & Mediators" (30 September 2012)

Gerard Forlin QC has been appointed to the list of arbitrators and mediators approved by the Air Law Group of the Royal Aeronautical Society. He joins a prestigious group of only 14 people worldwide.

 

Click here for his contact details with the Society

"Directors' duties – Follow the leader" SHP Safety and Health Practitioner The official magazine of IOSH (20 September 2012)

"Analysis: inadequate eye tests put drivers' lives at risk" (23 February 2012)

Campaigners are calling for a change in the law after research suggested more than half (54%) of fleet managers fear some employees may be driving when their eyesight is not good enough to do so.

The only legal eyesight requirement for driving in the UK is that driving test candidates must be able to read a number plate at 20.5 metres – with glasses or lenses if they need them – before the driving part of the test.

In Fleet News Gerard suggests that any move to mandate eyesight tests would be unmanageable:

"It's now accepted that employers need to check on a regular basis that employees who drive for work have a valid driving licence," he said.

"It is however debatable whether this norm should extend to eyesight tests, where enforcement would be virtually impossible. If, on the other hand, there were specific high risk driving tasks it would then be arguable whether extra checks may need to be taken by employers.

"Further, in the advent of a road accident it is likely that police and coroners would investigate whether a driver's spectacles or contact lenses were being worn."

 

"Lift Fatality Inquest" (26 January 2012)

In January 2012 Gerard Forlin QC acted for Thyssen Krupp Elevators UK at an inquest into the death of Katarzyna Woja who died in 2003 in a lift accident in a Holmes Place gym in the City of London.

The verdict of the jury at the inquest was accidental death.

Gerard also acted for Thyssen Krupp Elevators Uk in the criminal proceedings that finished in 2010.

 

"Laura Morgan inquest: Coroner records narrative verdict" (20 January 2012)

Gerard Forlin QC acted for some of the Sunsail employees in this important inquest.

 

"Gerry Forlin, QC appointed to the Health and Safety Lawyers Association Committee" (January 2012)

Following the recent AGM Gerry Forlin, QC appointed to the Health and Safety Lawyers Association Committee. The Health and Safety Lawyers' Association ("HSLA") is a national organisation aimed at those practitioners and academic lawyers who have an interest in an area of law that is rapidly increasing in scope and importance.

Its aims and objectives include: • To promote the development of health and safety law; • To further research and educate and train its members in the discrete area of health and safety law; • To promote the expertise of its members in dealing with issues of health and safety law.

HSLA seeks to include not only practitioners within the legal profession, but also academic lawyers whose areas of study include an interest in health and safety law. It aims to place emphasis on the increasing awareness of legal health and safety duties and the way in which they are complied with, enforced, investigated and ultimately form the basis for action in court.

 

"Firms fined £300k over engineer's death on M5 near Bristol" BBC News (29 July 2011)

Gerard Forlin QC represented Serco at the hearing: Serco accepting responsibility and pleading guilty at the earliest possible opportunity. Serco have put in place policies and procedures to ensure there will never be a repeat of such a tragic accident.

 

"Viewpoint – Early days" SHP Safety and Health Practitioner The official magazine of IOSH (31 January 2011)

"Lord Young defines health and safety ‘common sense’" SourceWire (28 October 2010)

"I want to strip away mystique around health and safety, says Lord Young" SHP Safety and Health Practitioner The official magazine of IOSH (26 October 2010)

"Anticipation Grows For Lord Young Address" PR Web (October 2010)

"Experts Join to Evaluate Oil Disaster" Daily Nexus (October 2010)

"Keep Calm and Carry On" Route One (July 2010)

This article in Route One covers Gerry’s session at the ‘Bus and Coach Industry Safety Conference’, organised by the CPT and the British Safety Council, hosted and sponsored by Volvo and supported by Johnsons Coaches and ROSCO.

Click here for the complete article

"IOSH 10 - 'Reverse burden of proof' debate far from over, warn lawyers" SHP Safety and Health Practitioner The official magazine of IOSH (26 March 2010)

"Bus company fined £400,000 after man is crushed to death" Health and Safety Executive (December 2009)

"'Shambles' caused bus death" Evening Standard (December 2009)

"Bus company fined for death of driver" Uxbridge Gazette (December 2009)

"When a Tragedy Becomes a Crime: Prosecutors Probe Air Disasters" Wall Street Journal (September 2008)

"RoSPA 2008: from board room to portakabin" Health & Safety at Work (June 2008)

"IOSH 2008 - In Court LIVE - the latest on UK health and safety legislation" SHP Safety and Health Practitioner The official magazine of IOSH (20 March 2008)

"Get yourself connected" SHP Safety and Health Practitioner The official magazine of IOSH (25 February 2008)

"Train crash conviction overturned" BBC (12 December 2007)

Anthony Scrivener QC and Gerard Forlin have put a final gross negligence manslaughter appeal to rest before new changes to the law take effect.

The pair fought successfully to have the convictions of Robert Morgan, a train driver from West Sussex, overturned. Mr Morgan had been operating the Littlehampton to London Victoria train when it collided with a Horsham to London Victoria service and killed five people in 1989. He was subsequently convicted of manslaughter.

Today three Appeal Court judges ruled that had the jury heard evidence of the particularly questionable and arguably dangerous infrastructure surrounding the scene of the incident they may not have convicted Mr Morgan and as a result his convictions were held to be unsafe.

The appeal is of particular historical significance to Gerry's chambers as the court researched the entire 82 year history of cases concerning gross negligence manslaughter beginning with a leading case R v Bateman [1925] All ER Rep 45. Sir Edward Marshall-Hall KC and Norman Birkett KC, both of whom have previously been heads of 2-3 Gray’s Inn Square had acted for the appellant, a doctor, in this case.

Click here for the judgement

 

"Kill Bill hangs by a thread" SHP Safety and Health Practitioner The official magazine of IOSH (20 June 2007)

"Train crash conviction appealed" BBC (22 March 2007)

The news story starts: A train driver involved in a fatal rail crash 18 years ago is to challenge his conviction for manslaughter.

Anthony Scrivener QC and Gerard Forlin are acting for the Applicant Robert Morgan who was driving the train involved in a fatal rail accident in Purley in 1989.

It is anticipated that the case will last for three days once a date for the hearing is fixed.

"Lords tests government's manslaughter mettle" SHP Safety and Health Practitioner The official magazine of IOSH (21 February 2007)

"The True Killing Fields of Britain are its Roads" by Amon Cohen, The Times (8 February 2007)

 

"July date predicted for corporate manslaughter Act" SHP Safety and Health Practitioner The official magazine of IOSH (15 December 2006)

"Poor H and S system led to lorry driver's death" SHP Safety and Health Practitioner The official magazine of IOSH (29 November 2006)

"Kill Bill gets a life at last" SHP Safety and Health Practitioner The official magazine of IOSH (24 July 2006)

"After Hatfield: Multi-million pound fines are on the way" The Times (11 July 2006)

 

 

"In the dock" SHP Safety and Health Practitioner The official magazine of IOSH (2 May 2005)

"Corporate killing Bill fails to satisfy safety groups" SHP Safety and Health Practitioner The official magazine of IOSH (19 April 2005)

"News from Maastricht ACT 2005" Phillipe Domogala, The Controller (March 2005)

 

"A bitter pill?" CIR Magazine (March 2005)

 

"Firms fined over railway death" BBC News (1 October 2004)

 

"Train crushed Irish student" The Sun (1 October 2004)

 

 

"Civil service fears delay corporate killing bill" by David Charter and Adam Fresco, The Times (06 September 2004)

 

"Book launch" The Register, The Times (18 May 2004)

 

 

"Diving firm facing unlimited fine after deepest lake drowning" by Jacqui Walls, PA News (09 December 2003)

 

 

"Airport Faces Fine for Pollution" The Argus (3 November 2003)

 

"Farm owners could be prosecuted over labourers' deaths" by Neville Dean, PA News (30 July 2003)

 

 

"Best to act now before disaster has a chance to strike" (letter) The Times, (27 May 2003)

 

 

"Don't blame the poor driver" by Gerard Forlin, The Times (13 May 2003)

 

"Welcome to the smart set -the home-workers" by Veronica Cowan, The Times (25 June 2002)

 

 

"5 years for horror driver" by Dennis Rice, Daily Express (19 April 2002)

 

 

"Killer trucker jailed" by Clare Kitchen, Daily Mail (19 April 2002)

 

 

"Lorry Driver Jailed Over Death" by Stuart Coles, PA News (18 April 2002)

 

 

"Jail threat for 'revenge sex'" by Suzanne O'shea, Today (23 March 1987)

 

 

"Ethical questions hamper Aids fight" by Thomson Prentice, The Times (23 March 1987)