Expert Witness

In August 2014, Jane Bell, a 3-year-old from Galashiels, Scotland, tragically drowned during a family holiday at the Dalmeny Hotel in St Anne’s, Lancashire. The hotel, a family-run establishment, had opted for CCTV supervision over physical lifeguards at its swimming pool, supplemented by periodic physical checks. On the morning of August 14, 2014, while swimming without armbands or buoyancy aids, Jane sank to the bottom of the 2.3-meter-deep pool. Her parents, Sarah and David Bell, were unable to rescue her. Carole Greenwood, an off-duty lifeguard and swimming teacher, retrieved Jane from the pool, and began CPR. Despite efforts by hotel staff and paramedics, Jane was transferred from Blackpool Victoria Hospital to Royal Manchester Children’s Hospital and was pronounced dead shortly thereafter.

The case of R v Dalmeny Hotel Limited was initially heard at the Magistrates Court, where the hotel faced charges of breaching s.3(1) HSWA 1974 and Regulation 3(1) MHSWR 1999. These charges pertained to the hotel’s failure to ensure public safety and to conduct a suitable risk assessment for its swimming pool. Dalmeny Hotel pleaded guilty to both charges. Due to the severity of the case, it was escalated to Preston Crown Court for sentencing in August 2016. During the Newton hearing, it was revealed that Jane had drowned in the hotel’s pool while her mother was swimming. Despite attempts by Mr. Bell and hotel staff, Jane could not be rescued in time. Expert testimony indicated that the hotel’s supervision measures were inadequate for a pool with a 2.3-metre-deep end.

The Honourable Recorder of Preston, HHJ Mark Brown, emphasized the hotel’s significant responsibility for the tragic incident and underscored the need for buoyancy aids and strict supervision for young children. Dalmeny Hotel was fined £100,000 and ordered to pay prosecution costs of £19,724.68

Expert: Peter Mills

Expert: Andrew Ebben

On November 24, 2014, four-year-old Evan Davies attended a swimming lesson at Bro Ddyfi Leisure Centre in Machynlleth with his father, Gryffydd Rhys Davies. Evan, a non-swimmer in the “minnows” class, was under the supervision of swimming teacher Bethany Byrne and lifeguard Kai Lewis, who was overseeing multiple swimming groups totalling 21 children. Near the end of the lesson, the children were allowed a three-minute free-play session, during which Evan got into difficulty and fell unconscious underwater. At that time, the lifeguard had left his station to set up lane ropes for the next lesson, and other instructors were distracted with paperwork or conversations. Mr. Davies noticed his son underwater and alerted the staff. Evan was rescued by his instructor, Miss Byrne, and successfully resuscitated with the help of staff and a parent. He was taken to Bronglais Hospital and made a full recovery, returning home the next day.

In the case of R v Powys County Council, heard on November 17, 2016, at Swansea Crown Court, the council pleaded guilty to breaching s.3(1) HSWA 1974 and Regulation 3(1) MHSWR 1999. The case was prosecuted by Simon Parrington, who detailed how Evan Davies was found lifeless and underwater during a swimming lesson’s free-play session. Evan was revived by another parent and fully recovered after being taken to Bronglais Hospital. The incident occurred due to inadequate supervision and a lack of proper risk assessment, as highlighted by Judge Geraint Walters.  The council was fined £75,000 and ordered to pay £24,000 in prosecution costs. Following the hearing, Evan’s family expressed relief at the council’s fine and emphasized the close call they experienced.

Expert: Peter Mills

Expert: Andrew Ebben

On April 21, 2018, three-year-old Rocco Wright drowned at the David Lloyd Club in Leeds.  Whilst awaiting the arrival of his sister’s swimming teacher, Rocco wandered away from his father and entered the pool unnoticed. Rocco remained underwater for about two minutes before being discovered and pulled out by his father. Despite CPR efforts by the lifeguard and colleagues, Rocco passed away later that day in hospital.

On November 22, 2021, David Lloyd Leisure Limited (DLL) faced a charge of failing to ensure the health and safety of non-employees, contrary to section 3(1) of the Health and Safety at Work Act 1974. The charge stated that between September 1, 2015, and April 22, 2018, DLL failed to conduct its operations at the Leeds Club’s indoor swimming pool in a manner that ensured the safety of non-employees, including Rocco Wright, due to inadequate lifeguard arrangements. This case was initially heard at a plea and trial preparation hearing with DLL represented by counsel.

An investigation revealed concerns the generic pro forma risk assessment was not customised to address the specific needs and conditions of the Leeds indoor pool and that documented assessments were not conducted to evaluate visibility from the lifeguard chair under different weather conditions and times of day.  Lifeguards were not given breaks at regular intervals and were not prevented from engaging in other duties during swimming sessions, particularly when young children were in the pool.

David Lloyd initially pleaded not guilty, but later admitted liability. On August 1, 2023, the company was fined £2,550,000 and ordered to pay £258,355.80 in costs, reduced from an initial £2.9 million due to the guilty plea.

Expert: Leigh Simmonds 

On March 3, 2017, Olly Kimber, aged 26, lost consciousness while swimming at Woodlands Caravan Park in Trimingham. After completing 30 lengths and taking a short rest, he re-entered the pool and swam another length before collapsing. He was underwater for about five minutes before being rescued by four guests, who then called for help from park staff. Kimber was successfully resuscitated and transported to Norfolk and Norwich University Hospital, where he recovered after intensive care.

An investigation by North Norfolk District Council (NNDC) found multiple failures in pool supervision and safety protocols, including poor visibility on CCTV due to glare and inadequate lifeguard arrangements. As a result, Woodlands Caravan Site and health and safety consultancy Foley and Baugh Associates faced charges for breaching section 3(1) of the Health and Safety at Work Act 1974.

At the Cambridge Magistrates Court, both defendants pleaded guilty and were sentenced on September 20, 2019. Woodlands was fined £73,000 plus costs of £30,000 and a £120 victim surcharge, while Foley and Baugh were fined £2,017 plus £3,120 in costs. NNDC emphasized the importance of effective pool supervision and rigorous health and safety standards in commercial swimming pool operations. Following the incident, Woodlands implemented new safety procedures to prevent future occurrences

Expert: Andrew Ebben

In April 2015, a 63-year-old employee of Koseoglu Metalworks Ltd, died after falling through a warehouse roof in Harlow. At Chelmsford Crown Court, Koseoglu Metalworks Ltd admitted corporate manslaughter, and its director, Kadir Kose, admitted a Health and Safety at Work Act (HSWA) offence. Ozdil Investments Ltd denied but was convicted of corporate manslaughter and HSWA offences. Its directors, Firat and Ozgur Ozdil, received 12-month and 10-month jail terms, respectively, while Kose received an 8-month term.

Ozdil Investments owned the warehouse, and despite warnings about safety measures, hired Koseoglu Metalworks for the roof repairs without necessary precautions. Koseoglu Metalworks lacked roofing experience, and the fee paid was significantly lower than standard rates. Both companies received fines: Koseoglu Metalworks £400,000 plus £21,236 in costs, and Ozdil Investments £660,000 plus £53,115.34 in costs.

Kose failed to conduct a risk assessment and staff lacked training. Authorities criticised the disregard for safety, noting their actions directly led to an employee’s preventable death. The case underscores the importance of adhering to safety regulations in construction and highlighted both client and contractor responsibilities under these

Expert: Leigh Simmonds 

Gary Robinson, former director of Complete Demolition Ltd, at Central Criminal Crown Court, was found not guilty of charges of gross negligence manslaughter and a Health & Safety at Work Act 1974 offence.

On August 23, 2018, Robert Stoian, a labourer for Complete Demolition Ltd, was killed when a 660kg glazed unit collapsed on him during a demolition project at the Global Switch Building in East London.

The Crown alleged Robinson failed in his duty of care by not properly assessing risks, planning the project, or monitoring the work. However, after the prosecution’s case, it was argued there was no case to answer. The judge agreed, directing the jury to acquit Robinson on both counts

Expert: Leigh Simmonds 

A member of a 5-a-side football team slipped on what was alleged to be a wet floor in the North Berwick Sports Centre hall sustaining a serious leg injury.   QLM Associate Consultant, Andrew Ebben, was appointed by the leisure trust’s solicitors to investigate the accident and to provide an independent report on liability.

The leisure centre had well documented procedures for cleaning and inspection of the sports hall floor, especially between activities.  Interviews with witnesses indicated that these procedures had been followed.  However, the centre only maintained records of all procedures for 3 months and there was no written evidence to support staff claims.

Players routinely had water in bottles in the sports hall and this was to be expected with the requirement that they be in spill-proof containers.  It was asserted that, as the floor was clean and had been inspected prior to the activity, water on the floor had been the result of spillage by a player for which the centre could not be responsible.

During the trial and under cross-examination by the Sherriff, staff on duty changed their evidence and it was concluded that the playing surface had neither been properly cleaned nor inspected before the game and that surface water had almost certainly been left by children who had used the sports hall earlier.  After discussion with the Sherriff, the Expert withdrew his report conclusion on the basis that the staff evidence was unreliable.  The claim succeeded but damages were not disclosed.

Expert: Andrew Ebben

During the late morning of 28 August 2017, a 4 year old boy who was accompanied by his father, sister and younger brother visited the swimming pool at Knapp House Activity Centre near Bideford in North Devon.  The family was staying at the Centre for a summer camp.

At lunchtime that day, the father noticed that is son was not with the group and presumed that he had left the pool.  A subsequent search failed to find the child and it was not for a further two and a half hours that his body was discovered on the floor of the pool basin.

QLM Associate Consultant, Andrew Ebben, assisted both Devon and Cornwall Police and the local Enforcement Officers with the investigation into the accident.  The investigation revealed that the water quality and clarity was wholly inadequate and that this was a constant problem.

Risk assessments were inadequate, floatation devices were of the wrong size and design and the member of staff on duty at the pool was not a lifeguard although presumed to be one by the group.

A successful prosecution was brought under Health and Safety at Work etc. Act 1974,Section 3 leading to a fine of £60,000 with £30,000 costs.

Expert: Andrew Ebben

In July 2019, a male, adult bather sustained a catastrophic spinal cord injury on exiting a giant waterslide at the Aqualandia Water Park in Bendorm.  QLM Associate Consultant, Andrew Ebben, assisted by QLM Managing Director, Leigh Simmonds, undertook a review of the structure and operational practices for the waterslide and were instructed by the waterpark’s UK solicitors to prepare an independent report on liability.

The time leading up to and including the accident were recorded on video by a family member and this proved extremely helpful in determining the likely cause of the accident.  Notwithstanding the clarity of the video evidence, experts on both sides debated the cause and whether or not the claimant had been riding the waterslide in the approved manner.

There was considerable debate about the instructions given to riders bearing in mind that the lifeguards on duty did not have English as a first language.

In order to bring the matter to a speedy conclusion in the interests of the claimant and the operators, an out-of-court settlement for an undisclosed sum was agreed and the claim did not go to trial.

Expert: Andrew Ebben

Expert: Andrew Ebben

Expert: Leigh Simmonds

Expert: Leigh Simmonds