David Travers QC

Year of Call: 1981
Year of Silk: 2010

Appointments: Accredited Mediator, Legal Assessor to the GMC, Legal Assessor to the GDC

Recommendations: Chambers & Partners Directory (Health and Safety, Environmental and Consumer Law); Legal 500 (Health and Safety)

Practice groups
Criminal Law
Public, Planning & Environmental Law
Regulatory Law

Education
Regents College, Accredited Mediator; Inns of Court School of Law, Barrister; Kings College London, LL. M., LL. B., AKC, Spennymoor School,

Memberships
Honourable Society of the Middle Temple (Harmsworth Scholar), Midland Circuit, PEBA, Food Law Group, Administrative Law Bar Association, UKELA

Profile

David Travers is unique at the bar in being recommended as a leading barrister in the three fields of Health and Safety, Environmental Law and Consumer Law; the Chambers "Guide to the UK Legal Profession" says he has an "incredible style in the courtroom", an "expert grasp of extremely complex scientific matters" and has "produced fantastic results" in a number of high-profile fatality cases.  The Legal 500 recommend him in Health and Safety and has described him as "charming - in a terrier like fashion".

A former Royal Institution Australian Science Scholar and a Harmsworth Scholar, David Travers read Law at King’s College London where he was Editor of the Law School Journal. He sits as a legal advisor to the Professional Conduct Committees of the General Medical Council and the General Dental Council and is an Accredited Mediator. David was a Member of the General Council of the Bar 1995 – 2000 and a member of the Law Reform Committee and the Bar Services Committee of the Bar Council 1996 to 1998.

He has whilst in practice been a lecturer at the University of Manchester Institute of Science and Technology, an occasional tutor at the School of Biomedical Science and Biomedical Ethics at the University of Birmingham and a Libel Reader on the Daily Express and Daily Star.

The vast majority of David Travers’ practice is in Regulatory Crime (principally Health and Safety, Food Safety, Environmental Protection and Trading Standards) and Public Law (including Environment, Planning and Local Government matters). He has appeared in courts at every level from the Magistrates’ Court to the House of Lords.  Many of his cases have been reported in the Law reports or specialist publications and a number have received national publicity in the media (including successfully leading the defence in the case of Gillian Beckingham, the local authority architect accused of manslaughter after an outbreak of legionnaire’s disease at Barrow-in-Furness).

As a barrister specialising in regulatory law, David Travers acts for clients all over England and Wales for businesses ranging from major industrial concerns and well known high street names to sole traders as well as for Local Authorities and National Regulatory Bodies.

He is a member of the Attorney General’s Panel of Counsel (Criminal) (List A).

He also appears in cases involving the administration of Local Government, numerous national organizations and Universities and in disciplinary disputes. He also appears in cases arising from breaches of planning control, management and deposit of Waste and other environmental protection matters. David Travers is particularly experienced in cases involving scientific or technical evidence. He has appeared at Public Inquiries in relation to appeals against refusal of planning permission and called in matters particularly in relation to landfill and waste management facilities and in appeals including in respect of Bye Laws, Waste Management Licences and Net Limitation Orders. He regularly advises in a wide range of Regulatory and Local Government matters and appears in the Administrative Court in respect of Judicial Review and Statutory Review. He appears for and advises both decision makers susceptible of Judicial Review and those who are challenging the lawfulness or exercise of discretion.

David is a much sought after speaker at professional training events.

Notable cases include:

  • R v (HSE) v SDI Group (UK) Ltd. [2010] Derby Crown Court.  Defence of principal contractor in a specialist construction project after a sub contractor suffered catastrophic injuries caused by a fall from height. 
  • R(Office of Rail Regulation) v Serco Limited [2010] Southwark Crown Court.  Prosecution arising from the death of a man who had fallen onto the track and was struck by a train on the Docklands Light Railway.
  • R v the Co-Operative Group [2010] Southampton Crown Court.  Defence of major retailer accused of breaches of the Fire Safety Regulatory Reform (Fire Safety) Order.
  • R(HSE) v Veolia ES (UK) Ltd [2010] Aylesbury Crown Court.  Defence of a company prosecuted after fatal accident arising from the use of recycling collection equipment.   
  • Lifeways Community Care Ltd [2010] Oxford Crown Court.  Prosecution arising from a death caused by scalding in a domestic care setting.
  • R v Royal Mail and another [2010] Reading Crown Court.  Prosecution of Royal Mail and an individual arising from a fatal workplace transport accident. 
  • R (HSE) v Lovell Partnerships plc [2009] Newcastle Crown Court.  Defence of a construction company in relation to the fatal fall of a child from scaffolding. 
  • Wallis v Bristol Water plc [2009] EWHC 3432 (Admin) [2009] WLR (D) 362.  Meaning of "likely to cause contamination" in regulations made under the Water Industry Act 1991. Point of law certified as of general public importance. 
  • R v Jinma Ltd and another [2009] Truro Crown Court. Defence of a director prosecuted in relation to a fatal accident involving an imported tractor.
  • Re: Wilson (deceased) [2009] Inquest Sheffield.  Representing Fire and Rescue Service at an inquest into a fatal gas explosion. 
  • R (HSE) v Leek and another [2009] Wolverhampton Crown Court and [2010] Court of Appeal.  Defence of lifeguard prosecuted after a drowning in a pool which he was supervising. 
  • R v Naturediet Ltd [2009] Old Bailey: Defence of company accused of manslaughter.
  • R v Braha [2009] Wood Green Crown Court.  Prosecution of trader under the Trade Marks Act for supply of counterfeit goods (leading, in 2010, to a confiscation order under the Proceeds of Crime Act in excess of £11,000,000)
  • R v Durham County Council [2009] Durham Crown: Defence of local authority after death of adult in supported living.
  • Enfield London Borough Council v Argos Ltd [2008] EWHC 2597 (Admin): Due diligence and under age sales.
  • R v Chalcroft Construction [2008] EWCA Crim 770: Proper sentence for construction related fatality.
  • R v Beckingham [2006] EWCA Crim 773 and Preston Crown Court: defence of a local authority architect accused of manslaughterafter the UK's largest outbreak of legionnaire's disease (Barrow in Furness)
  • Warboys, Cambridgeshire [2005]: Public Inquiry into hazardous waste site.
  • Manchester City Council v Railtrack plc [2003] EHLR 8: Scope of exemption from Building Regulations available to statutory undertaker.
  • Monks v East Northamptonshire DC (2002) 166 JP 592: Power of a regulatory body to prosecute in its own name.
  • R v Killian & Lang (2002) 166 JP 169: Relationship between a false trade description and a misleading price indication.
  • Farrand v Lazarus [2002] 3 All ER 175: Effectiveness of a disclaimers and trade practice point of law certified as of general public importance.
  • HSE v Harvestime Ltd and anor Times 12 June 2001 news item. Double fatality in commercial bakery oven. (The appeal against sentence of corporate defendants which pleaded guilty reported at [2003] 1 Cr App R (S) 44).
  • R v Crown Court at Snaresbrook ex parte Input Management (1999) 163 JP 533 Health and Safety prosecution - collapse of structure in night club - duty of appellate Court to give reasons.
  • Inspirations East Limited v Dudley MBC (1998) 162 JP 800: Extent of “main features” of package holiday.
  • The Taw & Torridge Fisheries Byelaw Inquiry, The Daily Telegraph 31.1.97 news item - fisheries/Net Limitation Order.
  • Hilliers Ltd v Sefton MBC [1997] 3CL 424: Delegation of powers/duties within local authority.
  • Lazarus v Coventry City Council (1996) 160 JP 188: Due diligence meaning of “information supplied”.
  • North Yorkshire CC v Entergold The Guardian 8.2.95: Breach of Site Licence and planning control at a Waste Transfer Station.
  • Geotechnics Ltd. v Robbins [1995] CLY 2517: Relationship between the Health and Safety at Work Act and the Electricity at Work Regulations. Meaning of “premises” and “place”.
  • Ackerman v Coventry City Council (1995) LG & L 5 (5) 7-8: Unsafe product - "due diligence" defence s39 Consumer Protection Act.
  • Meston Technical Services v Warwickshire County Council [1995] Env LR 380: Meaning of “Waste”.
  • T & S Stores Ltd. v Hereford & Worcester County Council [1995] Tr LR 337: Under age sales and the due diligence defence.
  • Gale v Dixons Ltd. (1994) JPN 256: Change of regime and the due diligence defence.
  • Birmingham CC v H [1994] 2 AC 212: Child care - conflict of paramountcy between child and mother both in care.
  • Janbo Trading Ltd. v Dudley MBC [1993] 157 JP 1056: Nature of a trade description.
  • Dudley MBC v Firman Ltd. 1992 Independent 26 October: Flammable furniture coverings - sampling and the due diligence defence.
  • Farrand v Tse Times 10.12.92: Emergency Protection Orders under the Food Safety Act.
  • Edwards v CPS [1991] 155 JP 746: Review of licensing decision.
  • A v Wigan MBC [1986] FLR 608: Child care.
  • R v Coffey [1987] Crim LR 498: Crime.

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