Prosecution Collapses: HSE Offers No Evidence Against Farmer and Contractor

The Health and Safety Executive (HSE) has offered no evidence against a Devon farmer and building contractor following a fatal accident at a local farm. The farmer, represented by Matthew Kerruish-Jones, was formally acquitted at Exeter Crown Court in November 2025.

The case arose from the tragic death of a contractor who fell down an unprotected staircase while testing an automated milking parlour he had designed and installed in 2021.

The HSE alleged that both the farmer and the building contractor bore responsibility under health and safety legislation, claiming they oversaw the project and failed to install adequate guard rails. The prosecution suggested they had not appreciated their duties under the Health and Safety at Work Act 1974 and the Work at Height Regulations 2005.

In written submissions to the HSE, Mr Kerruish-Jones argued that the Crown’s case—at its highest—amounted only to an alleged failure to appoint a principal contractor, which was denied. He further contended that the HSE had disregarded compelling evidence showing the deceased was the author of his own misfortune. The co-accused contractor made similar submissions.

After reviewing the evidence and the detailed dismissal application, the HSE decided to offer no evidence against both defendants. The court formally entered not guilty verdicts, bringing the prosecution to an end.

This case is instructive that not all HSE prosecutions are successful and supports the use of early dismissal applications as a tool to challenge prosecutions that are unmerited, or evidentially weak.

Matthew was instructed by Andrew Lawson and Vanessa Brooks of Clyde & Co, Bristol.

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