Mock Trial 2017: Management of Contractors, London

24 February, 2017 | 09:00 - 13:00

Venue address:

Institution of Civil Engineers
One Great George Street
London SW1P 3AA
United Kingdom
Sit as a juror in the mock trial.
Sit as a juror in the mock trial.

About this event

The CDM Regulations were amended in 2015, but, even since it was announced in 2007, it seems that the industry has become obsessed with what those changes will be – and then how those changes will impact on the relationships between clients, principal designers and contractors.

Has our “obsession” with CDM made us forget that there is non-CDM legislation that governs the management of contractors, and a suite of HSE guidance on the topic?

This mock trial explores the rules that relate to the management of contractors in any environment – whether CDM or not.


You will act as a member of the jury in the case of HSE v Patience Chemicals Limited. You will hear how it is alleged that Patience has failed to ensure the health and safety of specialist contractors working on its site in Leeds and failed to properly “co-operate and co-ordinate” with those contractors.

You will hear how contractors had been working on a task that had been done many times and had been risk assessed with a method of work agreed. However, changes had crept into those procedures – with devastating consequences.

Evidence will be given of deficiencies in the safe system of work, training, PTW and auditing procedures, which the HSE say amount to a breach of Section 3 Health and Safety at Work etc Act 1974.

Why Should You Attend?

This mock trial will be an innovative and engaging event. Rather than merely telling you what the law says you must do, you will witness a practical example of a trial in action. You will be asked to decide whether the corporate Defendant has met the legal test of doing what is “reasonably practicable” to ensure the health and safety of non-employees.

Through a presentation of a “real life” scenario, delegates will get a better understanding of:

  • The extent of an employer’s duty to non-employees under Section 3 Health and Safety at Work etc Act 1974
  • The duty of co-operation and co-ordination under Regulation 11 Management of Health and Safety at Work Regulations 1999
  • The test of “reasonable practicability”
  • HSE Guidance on Management of Contractors

This trial is run by Kirsty Gomersal and James Thompson of Clyde and Co (formerly Simpson & Marwick). The September Mock Trial sold out in just three weeks and you are advised to book your space early.

Who should attend?

This training event is suitable for:

  • Directors and senior managers
  • In-house counsels
  • Anyone having responsibility for health and safety in an organisation
  • Anyone having responsibility for management of contractors
  • Procurement managers
  • HR professionals
  • Anyone with an interest in the subject matter


08:30 Registration and refreshments
09:00 Welcome, introduction, aims of the day – Mark Roper
09:05 Presentation on Management of Contractors – Kirsty Gomersal
09:30 Introduction to the Mock Trial and trial formalities – Kirsty Gomersal
09:35 Prosecution opening
09:50 Defence opening
09:55 Prosecution witness 1 – eye witness
10:15 Prosecution witness 2 – HSE inspector
10:45 Prosecution closes its case
10:50 Refreshments and networking break
11:10 Defence witness
11:40 Defence closing
11:55 Summing up
12:15 Verdict and decision
12:30 Sentencing
12:50 Questions and close

Please Note:
This trial is purely fictional and any reference to real life events, companies or individuals is co-incidental.


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Testimonials from previous mock trial events

  • Without doubt, the service strike mock trial was the best and most eye-opening training that I have attended within my 25 year career
  • Very well done to all. A real ‘feel’ was achieved
  • The mock trial is an excellent way of focusing attention on the responsibilities of employers to employees and the responsibilities of individuals to each other
  • This was a very informative day and well worth the time
  • This is a very good initiative, as they say a picture paints a thousand words
  • We enjoyed the event, it was a great way of delivering information and awareness
  • Who doesn’t learn from submissive theatre?! Great event, one which has inspired us to roll out similar training to all our employees
  • Very informative and great insight into how the court process would work in a ‘utility strike’ case
  • Excellent Mock trial, very interesting, engaging and professionally carried out



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