Home / Insights / Sam Green KC leading James Lake for Leeds City Council on David Lloyd Health Leisure and Safety Prosecution
Sam Green KC leading James Lake for Leeds City Council on David Lloyd Health Leisure and Safety Prosecution
1 August 2023
Three-year-old Rocco was found face down in the indoor pool of the Moortown David Lloyd Gym in 2018.
Following an Inquest verdict of accidental death, Leeds city council said it intended to prosecute David Lloyd Leisure for offences under the 1974 Health and Safety at Work act.
Sam Green KC leading James Lake on behalf of Leeds City Council secured a guilty plea from the Leisure group in the days preceding what would have been a three week trial at Leeds Crown Court. The prosecution reached its conclusion when Judge Simon Phillips KC fined the company £2.55m and ordered it to pay £258,355 costs.
Judge Phillips KC found that the company’s culpability was high and said they had ignored employee concerns about the number of lifeguards working at any one time
In a previous hearing Mr Green KC for the Prosecution had said
“Failings of the company made a significant contribution, therefore in law, caused Rocco’s death.“
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