Mark Watson KC

Health & safety

Mark Watson has specialised in health & safety law for more than two decades, and has been recognised for several years as one of the leading practitioners in this area.

He has experience in the most serious cases, including multiple fatality cases involving allegations of gross negligence manslaughter and corporate manslaughter across a range of industries and operations. Clients include multi-national organisations, central government departments and directors/managers. He recently prosecuted the high-profile case of R v Lloyd which concerned the death of four individuals during a paddleboarding excursion in Pembrokeshire.

He has extensive experience of all levels criminal and civil enforcement in this area up to and including appellate level. He is recognised for his excellent ability to grasp complex technical evidence across a range of disciplines: examples include engineering (mechanical, electrical and structural), hazardous chemicals and processes, explosions, disease and infection (including several legionella cases), rail and transport processes, and construction (including numerous asbestos cases). He has successfully deployed technical expert evidence on behalf organisations, including in the Court of Appeal: see, for example, R v Squibb Group Limited [2019] EWCA Crim 227.

He has expertise both in the field of civil enforcement in relation to appeals against prohibition and improvement notices before employment tribunals and in judicial review proceedings relating to specialist regulatory regimes.

He is regularly instructed to inquests on behalf interested parties relating to a broad range of industry sectors and processes.

Environmental Law

Mark Watson has extensive and long-standing experience in relation to a broad range of environmental matters. Most recently he has advised and represented a number of water undertakers in relation to pollution incidents and in relation to drinking water investigations and prosecutions. He has a thorough understanding of the relevant regulator’s policy and procedures, having been instructed on behalf of the Environment Agency in relation to the Sea Empress disaster as long ago as the 1990s, and he has appeared in numerous of the most serious and complex waste and water pollution cases since that time. He has advised and represented major clients in relation to DWI investigations and prosecutions, and in relation to the exercise of Ofwat’s powers and duties.

Mark has appeared in many high-profile cases, including the recent Walleys Quarry’s litigation, where he represented the landfill site operator in abatement notice and related judicial review proceedings. He is adept at finding novel legal and procedural solutions to enforcement issues and was instrumental in resolving the abatement notice appeals in the Walley’s Quarry litigation by way of mediation chaired by Lord Carnwath of Notting Hill.

Mark is one the few counsel to be instructed by water undertakers in relation to drought permit and drought order applications, and he has a thorough understanding of the complex legal and technical issues which underpin such increasingly common and dynamic litigation.

He has particular expertise in relation to confiscation proceedings in environmental and planning cases, and especially in relation to company directors. In respect of appeals against noise abatement notices, Mark has successfully acted on behalf of numerous organisations, including major supermarkets and large recycling companies.

• Successfully defended business operator of incinerator (at trial and on appeal) in relation to alleged breaches of an abatement notice.
• Successfully secured quashing of abatement notice in relation to noise emanating from well-known London music venue.
• Successfully defended director of waste company is multi-million pound Proceeds of Crime Act proceedings involving alleged disposal of 70,000 tonnes of waste.
• Successful prosecution of large waste company in relation to unlawful handling of large quantities of hazardous waste at one of the largest transfer stations in London.
• Has been instructed in a broad range of waste and water pollution cases, including cases involving hazardous waste, waste exemptions and breaches of permit conditions. Extensive expertise in confiscation proceedings arising from waste cases, including R v Holbrook Ltd (Court of Appeal, October 2015).
• Has acted in numerous legally and technically challenging environmental cases, including Environment Agency v Thames Water Utilities Ltd [2013] EWHC 472 (Admin) securing successful outcome in relation to the legal definition of ‘deposit’.
• Successfully defended landowner and waste haulage company at trial on basis of applicability of Non-Waste Framework Directive exemptions.
• Successful prosecution of major water company following Category 1 river pollution incident arising from telemetry response failure.
• Instructed by local authorities to prosecute cases of breach of planning control, enforcement notices, listed building cases, advertising related matters, statutory nuisance and untidy sites.
• Instructed to represent a number of large-scale metal recycling companies in relation to statutory nuisance proceedings.
• Has advised and appeared on behalf of local planning authorities at local plan inquiries.
• Has appeared on behalf of local authorities in numerous other planning inquiries including: large scale residential development, retail development, residential care homes, conference centres, listed buildings and conservation areas, Green Belt and countryside issues, agriculture and horticultural related development and cases involving gypsies/travellers.
• Advising in relation to Proceeds of Crime Act issues arising from environmental/planning offences.
• Has particular experience in relation to enforcement matters (including appeals against enforcement notices, listed buildings and human rights issues) and the use of injunctions (particularly in relation to gypsy/traveller cases and listed buildings).

Fire safety and Building Safety

Mark has a long-standing expertise in fire safety matters. He also has extensive experience in relation to structural safety issues. He has advised extensively on the implications of the Building Safety Act 2022.

He recently successfully defended MAC Roofing Ltd in relation to the Beechmere retirement village fire in 2019 (one of the biggest ever fires attended by Cheshire Fire and Rescue Service), securing the acquittal of his client on all charges following a successful application to dismiss in late 2024.

He has been instructed to advise the Ministry of Housing, Communities and Local Government in relation to the Grenfell Tower fire.

He also has been instructed in numerous other serious fire safety cases, and has particular expertise in relation to cladding cases and issues involving ‘stay put’ policies and vulnerable individuals. He is one of the few counsel with experience of Article 36 references to the Secretary of State. Examples of his cases include the following:
• Instructed to defend in several cases involving fires in care homes.
• Defended the managing company of a block of flats in criminal proceedings where compartmentation failed and the prosecution challenged the adequacy of the stay put policy.
• Successfully defended the headmaster of a private boarding school in relation to the alleged breaches of the Fire Safety Order as a result of the condition of children’s sleeping accommodation in school premises.
• Acted for a major hotel group in the first successful challenge to a regulator by way of a reference to the Secretary of State under Article 36 of the Fire Safety Order.
• Represented another major hotel group in relation to a prosecution following a fire and full-scale evacuation at a large airport hotel.
• Represented a large London-based managing agent with regard to alleged breaches of the Fire Safety Order at one of its managed properties.
• Acted for a major High Street retailer with regard to breaches of the Fire Safety Order.

Maritime Safety

Mark has appeared in numerous maritime regulatory cases, involving offences contrary to the Merchant Shipping Act 1995 and associated regulations; he has an excellent working knowledge of safety related international maritime law together with UK and EU fisheries legislation. He has been involved in numerous high-profile, complex and serious fatal cases, including cases prosecuted by CPS Special Crime Division and involving novel issues such as pilotage. Specific examples include:

• Manslaughter prosecution arising from death in Poole harbour following night time collision between RIB and navigation buoy.
• The first successful prosecution, on behalf of the Maritime and Coastguard Agency, of a UK managing agent in relation to an unsafe Anglo-Spanish trawler, following a severe fire aboard the vessel off the north west coast of Ireland.
• The prosecution, on behalf of the Port of London authority, of the master of a Thames barge which struck Battersea Road Bridge causing significant damage and closure of the bridge for months.
• Advised the Maritime and Coastguard Agency in relation to a fatality which occurred on board a vessel in British territorial waters.

Food Safety

Mark Watson’s expertise in relation to food safety law has been recognised by the industry with his award of an honorary fellowship of the Society of Food Hygiene & Technology. Mark has appeared in many food safety cases, including the defence of numerous large and small-scale food businesses, together with directors and managers of such businesses. Examples include:
• Successfully prosecuted a test case for the FSA (conviction upheld on appeal) regarding the display of meat at Smithfield Market, relying on the expert evidence of Professor Hugh Pennington.
• Successfully defended a Production Manager within a multi-national food production company.
• Instructed by the FSA in relation to enforcement action against the sale of raw unpasteurised milk from vending machines.
• Successfully prosecuted of a large hotel group following significant food poisoning outbreak arising from undercooked chicken liver parfait.
• Represented a local authority in proceedings relating to a large-scale salmonella outbreak arising from food premises at a Blue Water shopping centre in Kent.
• He is regularly instructed to appear on behalf of large food/drink companies and supermarket chains, including numerous cases of a high-profile nature featuring in the national press.

Trading standards, Consumer law and Licensing

Mark Watson has acted in numerous cases relating to mis-selling, trade descriptions, trademarks, prices etc.

He has advised OFGEM in relation to enforcement action against a major utility company in relation to allegations of widespread mis-selling which resulted in a multi-million pound settlement.

Mark has recently been instructed to mitigate in a case involving a multi-million pound penalty imposed by the Gambling Commission, securing a very significant reduction in the proposed financial penalty.

Mark also has extensive expertise in relation to non-criminal enforcement in consumer cases including several cases concerning enforcement under Part 8 of the Enterprise Act 2002.

Other regulatory

Recommendations

Awards

Nominated for Health & Safety Silk of the Year 2024 by Chambers & Partners
Chambers 2024 UK Bar Awards

Chambers & Partners Health & Safety Junior of the Year 2015
Chambers 2015 UK Bar Awards

Appointments

Honorary Fellow of the Society of Food Technology and Hygiene (2012)

Memberships

• Health & Safety Lawyers Association

Education

BA (Oxon)

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