Michael Lavery

Call 1990

lavery@exchangechambers.co.uk

"He is excellent; he has a real attention to detail, is very polished and confident in court and puts clients at ease. He's a top-notch barrister."

Chambers and Partners 2019
Photo of Michael Lavery

Health and Safety

Michael has a strong Health and Safety practice, prosecuting on behalf of Local Authorities and defending large organisations.

Michael defends in Section 2 Health and Safety prosecutions arising from injuries/fatalities in the workplace.

He has been involved in a case in which a factory worker was sandwiched between a forklift truck and a lorry.

Michael has in cases attracting widespread publicity, for example in defence of a Prison Officer (Instructed by the POA) who had been prosecuted for Misconduct in a Public Office following the death of an inmate at HMP Liverpool. The defendant was acquitted at the close of the prosecution case following a successful submission of ‘no case’. Michael was retained for the subsequent 20 day Inquest.

Michael has advised, pre charge, a number of Midwives, Nurses and Healthcare Trust Managers in relation to the police inquiry arising out of the death of Joshua Titcombe whilst in the care of Barrow in Furness Hospital.

He was recently instructed on the Inquest into the death of a two-year old girl at a swimming pool, and advised on the prosecution of one of the PIP’s, which resulted in a guilty plea by that PIP.

Michael has also recently been retained to represent a psychiatric nurse employed by the Prison Service in the upcoming Inquest into the suicide of a detained person with mental health needs in order to determine the level of disclosure made to the Nurse, and the provision of information to her, and the consequent duty owed by her.

Michael has also developed a significant practice in both the prosecution and representation of companies involved in food safety including the application of Hazard Analysis and Critical Control Point (HACCP) and Food Regulations. He was involved in the prosecution of a food supplier in respect of a near death due to infected produce.

He provides guidance at an early stage of proceedings has been instructed pre-charge on a number of occasions, such as advising on the merits of prosecuting a large food supplier as a result of a death caused by the provision of food at a wedding party.