Profile

Peter Gray QC

Year of Call: 1992 | Year of Silk: 2002

Peter Gray QC

GENERAL INFORMATION

1978-1981: LLB (Hons)
1983-1992: Practised at English Bar in London
1992: Called to Scottish Bar
1998-2000: Appointed Advocate Depute
2002: Appointed Queen's Counsel

PRACTICE

Principal areas of Practice:

  • Health and Safety Prosecutions
  • Fatal Accident Inquiries
  • Corporate Financial Prosecutions
  • Regulatory Prosecutions
  • Professional Disciplinary Proceedings

Health and Safety Prosecutions:

UK Legal 500 of 2009: described as "a leading authority in health and safety law, especially major industrial accidents".

Chambers and Partners 2010: listed as a Leader of the Bar in Health and Safety(Band 1), "he stands out as one of the true health and safety specialists at the Scottish Bar".

Peter has extensive experience in defence of allegations involving the primary duties under the 1974 Act and related statutory regulations. He represented Transco plc in the proceedings brought against the company in the High Court (2005) and more recently successfully represented international oil company CNR International in proceedings brought on indictment under Section 3 of the 1974 Act relating to a fatality offshore (2008). Other clients represented in this area include major representatives of the oil, construction, retail, timber, offshore service, haulage industries, and health services.

Fatal Accident Inquiries:

He has been instructed in a number of lengthy and high profile Inquiries, most recently on behalf of Wood Group plc in the Inquiry in relation to the fatal accidents in the offshore industry on Brent Bravo(2006) and on behalf of JGas (Johnston Oils Ltd) in the Stockline Public Inquiry(2008) relating to the plastics factory tragedy of 2004 in which nine people died.

Corporate Financial Prosecutions:

He has considerable experience in both the prosecution and defence of a wide range of corporate financial prosecutions in the High Court including those resulting from investigations in relation to Insolvency, offences under the Companies Acts, and Proceeds of Crime legislation.

Regulatory Prosecutions:

He has extensive experience of defending all forms of regulatory prosecutions including:

  • environmental prosecutions, and in particular offences under the Wildlife and Countryside Act 1981;
  • offences under the Data Protection Acts,
  • criminal aspects of intellectual property law(trademarks and copyright),
  • criminal aspects of trading standards law, in particular, product safety, food safety and consumer credit,
  • road traffic prosecutions, and in particular offences under Section 1 of the Road Traffic Act 1988.

Disciplinary Proceedings:

Peter has recently acquired a particular interest in this rapidly developing area, and has experience in appearing before professional disciplinary bodies including the General Medical Council and the Royal Pharmaceutical Society.

REPRESENTATIVE CASES

  • 2001: Re: Tasceem Iqbal: Fatal Accident Inquiry: (commercial diving operations)
  • 2001: PF v MTM Construction Ltd: Health and Safety Prosecution: HSWA Section 3
  • 2001: PF v EH Haulage: Health and Safety Prosecution: HSWA Section 2
  • 2001: PF v Ross: Prosecution under Wildlife and countryside Act 1981
  • 2001: HMA v Dumaine: Prosecution under Section 1 RTA 1988: causing death by dangerous driving
  • 2002: PF v MacPherson: Regulatory Prosecution under Data Protection Act 1988
  • 2002: HMA v Total Fina Elf: Health and Safety Prosecution.
  • 2003: PF v BDG Projects Ltd: Health and Safety Prosecution: Construction(Design and Management Regs) 2003
  • 2003: HMA v Haliwell: Prosecution under Section 1 RTA 1988: causing death by dangerous driving (non insane automatism)
  • 2003: PF v Parks of Hamilton: Health and Safety Prosecution: HSWA Section 2
  • 2003: PF v Forth Ports PLC: Health and Safety Prosecution: HSWA Section 3
  • 2003: PF v Tesco Stores PLC: Health and Safety Prosecution: Food Safety Act 1990
  • 2004: PF v Western Isles Health Board: Health and Safety Prosecution: HSWA Section 2
  • 2005: HMA v Transco plc: Health and Safety Prosecution: HSWA Section 3
  • 2006: Re:Brent Bravo: (representing Wood Group plc): Fatal Accident Inquiry: (Offshore fatalities)
  • 2006: HMA v Philip Scott: Prosecution under Section 1 RTA 1988: causing death by dangerous driving(non insane automatism).
  • 2007: Royal Pharmaceutical Society v Coventry (Professional Disciplinary Proceedings)
  • 2007: Nat Fraser v HMA (Appeal against Conviction: murder)
  • 2007: HMA v Freeman: Financial Crime Prosecution under Section 206 Insolvency Act 1986, Section 327 Proceeds of Crime Act 2002
  • 2007: HMA v Dr K Bijral: Prosecution under Section 1 RTA 1988(causing death by dangerous driving)
  • 2008: HMA v CNR International Oil: Health and Safety Prosecution: HSWA Section 3.
  • 2008: Stockline Public Inquiry under Inquiries Act 2005(representing JGas) inquiring into Stockline Plastics Tragedy.
  • 2009: Border Rail and Plant v HMA (appeal against sentence in HSWA prosecution).
  • 2009: Re: Kevin West (representing WH Malcolm Ltd):Fatal Accident Inquiry (fatality in construction industry).
  • 2009: PF v BHS Ltd: Health and Safety Prosecution: HSWA Section 3.
  • 2009: PF v Jacobs Engineering: Health and Safety Prosecution: HSWA Section 3. 
  • 2009: HMA v Scottish Hydro Electric plc: Health and Safety Prosecution: HSWA Section 3.   
  • 2010: Re: Ben McCreath (representing Connaught Compliance Services Ltd): Fatal Accident Inquiry (fatality of infant in multi-occupancy commercial office building).
  • 2010: PF v Marks and Spencer plc: First Health and Safety Prosecution brought under the Fire (Scotland) Act 2005.
  • 2010: Re: Russell Donald (representing Scottish Hydro Electric plc): Fatal Accident Inquiry (fatality of trainee surveyor in accidental conatct with overhead powerline).
  • 2010: PF v Begley: Health and Safety Prosecution under Section 7 HSWA of employee of Barratt Homes.  
  • 2010: HMA v Doonin Plant Ltd: Appeal by Crown against unduly lenient sentence relating to breaches of Environment Protection Act 1990.   
  • 2010: AR Communications v HMRC (MTIC carousel fraud)  

PUBLICATIONS AND SEMINARS

Publications: Guide to The Corporate Manslaughter and Corporate Homicide Act 2007 (Greens Publishers, May 2008).

Provides seminars and briefings on regular basis to corporate clients, in particular in relation to corporate and directors' duties under health and safety, and associated legislation.

I.T. UTILISATION

As a result of his extensive experience in the conduct of litigation involving very significant volumes of documentation, Peter is entirely familiar with the use of all major legal software, and in particular Casemap and its associated products.

PROFESSIONAL MEMBERSHIPS

  • Health and Safety Law Association
  • Institution of Occupational safety and Health
  • United Kingdom Environmental Law Association
  • Scottish Environmental Law Working Party of UKELA
  • Association of Regulatory and Disciplinary Lawyers
  • Faculty of Advocates Criminal Bar Association (Chairman 2001)
  • Proceeds of Crime Lawyers Association

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