Simon Jackson KC

Criminal

Prosecution: All aspects of criminal law: murder, manslaughter (including 3 corporate manslaughter cases, under the common law), rape, fraud and other serious offences. Nominated by the Attorney General for HM Revenue and Customs and the Health & Safety Executive. [See cases below] Experience of prosecutions based on complex scientific, medical and telecommunications evidence. Special interest in Public Interest Immunity cases, and in disclosure generally. Also in the concept of the required ‘expertise’ of expert witnesses, such as new methods of identification (ear prints and facial mapping, see R v Dallagher below).

Defence: As above. In particular, cases involving murder, ‘contract killing/honour’ killings, attempted murder and medical manslaughter. [See Legal 500 2010 entry: Simon Jackson KC has ‘ particular expertise in medically complex cases’. Acted for respondents in SIAC deportation hearings in London.

Health and Safety/Regulatory: Prosecuting and Defending Regulatory/HSE prosecutions (re: fatalities involving construction/scaffolding/roofing/crane and plant hire and local authority operations and adventure activities). [See accompanying H&S CV]

Recent Cases

R v Crichton [2018] Murder of an infant by her mother. Complex factual and medical issues re: causation [shaking and/or impact trauma] and suggested possible breach of causation consequent on negligent medical treatment.

R v Greenhalgh [2017] Drugs related gang murder. The defendant a minor, running a ‘cut throat’ defence, was acquitted.

R v Lion Steel Equipment Limited [July 2012] Corporate Manslaughter prosecution under the new CMCHA 2007. The defendant company pleaded guilty at the close of the prosecution case and was fined £480,000 and ordered to pay substantial costs, in respect of fatal accident at factory premises where an employee fell through a roof light on a fragile roof.  Co-Presented with Mr Justice Mark Turner the Capita. Symonds Annual H&S Lecture in London in May 2013.

R v Berry and Crisp [2010] EWCA Crim 355 (CA) (Re: the issues of so called ‘Double Recovery’ and ‘Abuse of Process’ in the context of monies seized and forfeited monies by Customs in the Magistrates Court prior to Proceeds of Crime Act 2002 proceedings in the Crown Court.

R v Shah Nawaz Pola [2009] EWCA Crim 655 (CA) (Re: the definition of an ’employee’ and ’employer’ in the context of ‘migrant workers’, under s53 of the Health and Safety at Work Act 1974)

R v Sam Whitehead [2009] CA (Unreported) (Re: the ‘requirement’ for an R v Turnbull direction where there is unchallenged identification evidence.)

R v Stephen Christopher Makin [2004] EWCA Crim 1607 (Duty of Disclosure after Conviction re Prosecution Witnesses)

R v Dallagher [2002] EWCA Crim 1903 (Admissibility of Expert Evidence: Ear Prints)

R v Hayward [1999] Crim LR 71 (Conflict of Laws UK/EU excise duty)

Simon Jackson KC has also been involved two further corporate manslaughter cases, one a trial involved the operation of an indoor motocross track in Sheffield. This case raised issues for the responsible NGB, and for the HSE, as to how ‘risk based activities’ are to be properly risk assessed and controlled in the future.

Regulatory and Professional Discipline

Simon Jackson KC appears before Medical Practitioners Tribunal Service Fitness to Practice Hearings, instructed on behalf of the General Medical Council. He was recently instructed in fitness to practice proceedings concerning the prescribing of ‘puberty blockers’ and ‘gender affirming hormones’ to young adolescent trans patients by a general practitioner, and by a retired consultant gastroenterologist, (who also separately prescribed testosterone to body builders, in combination with so called ‘stacking’ drugs, routinely used/abused in order to mitigate the effects of excess levels of testosterone). Simon conducted professional disciplinary proceedings involving the obtaining, by a national/international cycling team doctor [Dr F], of testosterone, with a view to administering it to an athlete, in order to improve that athlete’s performance.

Recently, he conducted professional disciplinary proceedings involving a middle grade psychiatrist prescribing significant quantities of medication to unseen ‘medical tourists’, in relation to medical disorders outside his area of competence. Simon also has extensive experience, both as junior and ‘in silk’, of representing police officers in relation disciplinary and criminal proceedings.

Simon was involved in what was the only the third corporate manslaughter prosecution (under the 2007 Act) and allied gross negligence manslaughter prosecution, involving an industrial (roofing) accident. [R v Lion Steel Equipment Limited & Others] Co-Presented with Mr Justice Mark Turner the Capita. Symonds Annual H&S Lecture in London in May 2013.

Notable cases

Re: GMC v Dr F [2020]. Dr F, a national team doctor, is currently charged, before an MPTS tribunal hearing, with obtaining a banned substance with the intention that it be administered to an athlete in order to improve performance.

Re: GMC v Dr Q [2019], a consultant ophthalmologist who practiced from his private eye hospital located at 4, Harley Street, London. The GMC case was that Dr Q had promoted the use of these new technologies with only limited supporting research data as to their long term efficacy. That he had also overstated the benefits of this new technology and has failed to adequately counsel patients as to the risks of such surgery and the likely outcome for patients, in terms possible benefits.

Re: Dr D v General Medical Council [2015] EWHC 3379 (Admin) (Case involving conduct of a UK based multi-centre industry sponsored medical research clinical trial)

R v D G & Another [2015] Defending a builder & care home proprietor following a fatality arising from structural defects and management failures in proceedings initiated by the local authority prosecution acting under s3(1) Health & Safety at Work Act 1974, relating to a fatality in a residential care home.

Re: Dr AM v General Medical Council [2015] (Admin) Wilkie J. 19.06.2015

R v Lion Steel Equipment Limited [July 2012] Corporate Manslaughter prosecution under the new CMCHA 2007. The defendant company pleaded guilty at the close of the prosecution case and was fined £480,000 and ordered to pay substantial costs, in respect of fatal accident at factory premises where an employee fell through a roof light on a fragile roof.

GMC v Dr P [August 2012] Case involving the London ‘G20’ Pathologist who was struck off the Medical Register for misconduct by a Fitness to Practise Panel arising out his conduct of the Ian Tomlinson post mortem in April 2009.

R v Shah Nawaz Pola [2009] EWCA Crim 655 [Re: the definition of an ’employer’ re: ‘migrant workers’, under s53 of the Health and Safety at Work Act 1974)

R v HTM [Hatton Traffic Management] & Colas [2008] Crown Court trial at Teesside.

<!--

Practice Areas
Health & Safety
Medical Practitioners Tribunal Service [GMC] Hearings/Appeals/High Court Reviews, Coroners & Inquests

Profile
The Health and Safety work has involved representing both individuals and corporate clients. [See notable cases listed below]

Simon Jackson was involved in what was the only the third corporate manslaughter prosecution (under the 2007 Act) and allied gross negligence manslaughter prosecution, involving an industrial (roofing) accident. [R v Lion Steel Equipment Limited & Others]

Most recently he has acted for a builder and care home proprietor in relation to a fatal fall involving a vulnerable resident, which arose from alleged historic structural defects and recent management failures, giving rise to a Local Authority prosecution. [R v DG (2015) Crown Court at Leicester]

The Professional Regulatory Disciplinary work involves acting for the GMC before Medical Practitioner Tribunal Service Hearings, and in related Appeals and High Court Review hearings, concerning alleged misconduct, deficient professional performance and health issues.

The Inquest work has involved representing corporate clients in connection industrial fatalities, deaths in custody and deaths of school children undertaking 'outdoor adventure activities' both in the UK and on overseas trips. [France & Morocco.]

Simon Jackson has been involved in a number of high profile inquests, involving deaths in hospitals and police stations, (including re: Christopher Alder deceased, which involved complex medical causation issues, including restraint techniques and positional asphyxia. This inquest resulted in verdict of unlawful killing, administrative review proceedings, and consequent manslaughter charges being brought against some of the police officers involved in the deceased's detention.

More recently Simon Jackson has acted for a client operating privately run detention facility where a detainee died [of natural causes] whilst in custody awaiting voluntary deportation. Since taking 'silk', Simon Jackson has been involved two further corporate manslaughter cases, one a trial involved the operation of an indoor motocross track in Sheffield. This case raised issues for the responsible NGB, and for the HSE, as to how 'risk based activities' are to be properly risk assessed and controlled in the future.

Simon Jackson has also acted as 'Legal Assessor' to one of Her Majesty's Coroners in connection with a two week inquest involving an infant death in hospital, where the alleged over administration of drugs was a possible cause of death and the issue of 'gross negligence manslaughter' had been raised by a reporting consultant.

He has also acted as Counsel to the Inquiry in a lengthy death in custody Inquest in South Wales. He has a particular interest in the issue of disclosure of un-used material in connection with 'Article 2' inquisitions and has written articles and presented a seminar on this topic.

Notable Cases
- Re: Dr D v General Medical Council [2015] EWHC 3379 (Admin) (Case involving conduct of a UK based multi-centre industry sponsored medical research clinical trial)

- R v D G & Another [2015] Defending a builder & care home proprietor following a fatality arising from structural defects and management failures in proceedings initiated by the local authority prosecution acting under s3(1) Health & Safety at Work Act 1974, relating to a fatality in a residential care home.

- Re: Dr AM v General Medical Council [2015] (Admin) Wilkie J. 19.06.2015

- Re: TM [Death in Custody Inquest: Detention Facility 2015]

- Re: SB [Oversees Adventure Activity Inquest: 2014]

- R v Lion Steel Equipment Limited [July 2012] Corporate Manslaughter prosecution under the new CMCHA 2007. The defendant company pleaded guilty at the close of the prosecution case and was fined £480,000 and ordered to pay substantial costs, in respect of fatal accident at factory premises where an employee fell through a roof light on a fragile roof.

- GMC v Dr P [August 2012] Case involving the London 'G20' Pathologist who was struck off the Medical Register for misconduct by a Fitness to Practise Panel arising out his conduct of the Ian Tomlinson post mortem in April 2009.

- Re JS [Death followed alleged failure of 'Care in the Community' Psychiatric Service. Uxbridge Coroner's Court [2012]

- R v Shah Nawaz Pola [2009] EWCA Crim 655 [Re: the definition of an 'employer' re: 'migrant workers', under s53 of the Health and Safety at Work Act 1974)

- R v HTM [Hatton Traffic Management] & Colas [2008] Crown Court trial at Teesside.

- R v Hull Coroner for East Riding of Yorkshire and Kingston-upon-Hull, ex parte Dawson & Others [2001] ACD 365 (Death in Custody re: Christopher Alder: Admin Review)

publications
Articles recently published in
- Archbold News (Re: Admissibility of Expert Evidence),
- New Law Journal
- Solicitors Journal (Disclosure in Coroners' Court)

Other Information
Articles on Expert Evidence: (Ear prints and Lip-reading etc, and Disclosure at Inquests). Published in: Archbold News, New Law Journal and Solicitors Journal.

Seminars on Safety Issues re: School Visits/ Outdoor Trips. 'Double Jeopardy' Prosecutions 2014.
Personal Injury Bar Association
Professional Negligence Bar Association

-->

Regulatory Crime

Simon’s experience includes corporate manslaughter and gross negligence manslaughter cases. He was nominated by the Attorney General for HM Customs & Excise and the Health & Safety Executive. He has particular experience of prosecutions based on complex scientific, medical and telecommunications evidence.

Inquests and Public Inquiries

Simon specialises in cases involving a ‘Death in Custody’. He ahs reecent experience of cases involving deaths in hospital where negligence is alleged. Simon acted as a Legal Assessor on behalf of one of HM Coroner in connection with an Article 2 compliant alleged negligent medical treatment Inquest and on behalf of another HM Coroner as ‘Counsel to the Inquest’ in an Article 2 compliant ‘Death in Custody’ Inquest.

Simon has also been involved in a number of high profile inquests, involving deaths in hospitals and police stations, (one of which was the longest running single death inquest). This inquest, in which Simon acted for a Health Authority (see below) resulted in Administrative Review Proceedings, and manslaughter charges being brought against some of the police officers involved in the alleged unlawful killing of the deceased.

Simon was involved in advisory work pre-inquest concerning the Shoreham Air Show fatal accidents, and separately, in relation to sudden unexpected death following ‘failure’ of an elective ‘minimal access’ mitral valve repair, and left atrial appendage occlusion, which failures lead to the patient’s cardiac arrest and death, resulting in a verdict of ‘misadventure.

Simon also acted for a client operating a privately run detention facility where a detainee died [of natural causes] whilst in custody, and for a local authority where a teenage youth committed suicide after an initial assessment by social services, giving rise to issues as to the nature and extent of the duty of care owed to the deceased.

Notable cases

Re: TM (Death in Custody Inquest) [2015]
Deceased a detainee in a detention centre.

Re: SB (Overseas Adventure Activity Inquest) [2014]

R v Hull Coroner for East Riding of Yorkshire & Kingston-upon-Hull, (ex-parte Dawson & Others [2001] EWHC 352 (Admin) & ACD 365
Death in Custody re: Christopher Alder: Admin Review.

Health & Safety

Both as a junior, and in ‘silk’, Simon has been instructed in serious regulatory and criminal cases. His The Health and Safety work has involved representing both individuals and corporate clients. For example, acting for a self-builder/care home proprietor in criminal proceedings in relation to a fatal fall involving a vulnerable elderly resident, whose fall arose from alleged historic structural defects in terms of the design and construction of the home’s wooden staircase, and the more recent management failures of inspection re: the historic defects. All this against the background of allegations of cost cutting by the contractor, when the design specification was agreed.

Simon co-presented, with Mr Justice Mark Turner, the Capita Symonds Annual H&S Lecture in London, in May 2013, arising out of the R v Lion Steel Equipment Limited [2012] case.

Notable cases

R v Dinesh Gokani [2015] – Defending a Local Authority prosecution under s3(1) Health & Safety at Work Act 1974, relating to a fatality in a residential care home, where issues of defective design and inspection arose.

R v Lion Steel Equipment Limited [2012] – Corporate Manslaughter prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007. The Company pleaded guilty at the close of the Prosecution case and it was fined £480,000 and ordered to pay substantial costs, in respect of fatal accident at factory premises where an employee fell through a roof light on a fragile roof.

R v Shah Nawaz Pola [2009] EWCA Crim 655 – Re: the definition of an ’employer’ re: ‘migrant workers’, under s53 of the Health and Safety at Work Act 1974.

R v HTM [Hatton Traffic Management] & Colas [2008]

Appointments

• GMC’s Approved Panel of Counsel Recorder – Class 2 (2014)
• King’s Counsel (2003)
• Recorder (2005)

Publications

Article on Health and Safety: Archbold News Issue 4: May 2010: Feature Article: ‘Defining the terms ’employer/employee’ under the Health and Safety at Work Act 1974′

Training Services

Seminars for Health Authorities

• Medical Manslaughter: Individual and Collective Responsibility/Liability.
• ‘Double Jeopardy’ before Disciplinary Tribunals.

Associations

• Health & Safety Lawyers Association
• Association of Regulatory and Disciplinary Lawyers
• Professional Negligence Bar Association

Education

LLB (Hons), University of Leeds

Prescribed Information

Simon Jackson KC is a practising barrister, regulated by the Bar Standards Board. Details of information held by the BSB about Simon Jackson KC can be found here.

Simon Jackson KC’s clerks will provide no obligation quotations for all legal services that he offers. Simon Jackson KC accepts instructions on legal aid rates where those are available, details of which can be found here. For other work, Simon Jackson KC usually charges a brief fee plus refresher fees for court hearings, with advisory, conference and other preparation work charged at an hourly rate. Simon Jackson KC aims to return paperwork within 14-21 working days, however his professional commitments, complexity and volume of documentation can affect these approximate timescales.