Health and Safety Solicitors

Faced with the ever-increasing burden of legislation, meeting a company’s health and safety requirements is a daunting task for directors and managers.

Our specialist health and safety solicitors have advised across a full spectrum of health and safety cases. Operating throughout England and Wales, we have extensive experience in diverse sectors including construction, transport, farming, quarrying, leisure and residential care.

We also advise on preventative measures, such as the drafting of health and safety documentation or explanation of the application of new legislation on particular business sectors.

Throughout any investigation process we represent our clients; during any ancillary proceedings (such as inquests), and where necessary during court proceedings, at all court levels.

When accidents do occur, it is often vital that the right choices are made straight away. We provide a First Response service which includes 24-hour emergency telephone legal advice, 365 days a year. We are able to deploy a lawyer on site in immediate response to a critical incident.

Key contact

As the Head of the Regulatory Department, Martin acts in a wide-range of regulatory crime and professional regulation matters. Martin has built up over 20 years of experience and a wealth of specialist knowledge.

He leads the firm’s cross-departmental alcohol and gaming licensing teams. Additionally Martin manages the teams providing a range of outsourced services to local authorities, including court representation of local authorities Adult and Children’s Services Departments.

Recent cases

We deal with the full spectrum of health and safety matters throughout England and Wales. Some of our recent cases include:

a multiple fatality Legionnaires outbreak at a leading UK hotel
a multiple fatality carbon monoxide poisoning
multiple deaths of elderly residents at a care home
matters involving specialist legislation such as the quarry regulations
a public enquiry arising from a notorious food safety incident
a current investigation conducted under the new Corporate Manslaughter Act
current Section 7 and 37 prosecutions of individual managers and directors

Health and safety breach litigation can have grave consequences. Average fines increase year on year and are likely to increase exponentially in cases arising from deaths in the workplace. Reputation and share price damage is also a significant issue for our clients.

Our lawyers understand this context and are well practised in ensuring that businesses and individuals are properly defended from all of these potential threats.

It is vital that any organisation has the correct health and safety policies in place.

Our health and safety solicitors can provide you with advice on all aspects of health and safety law to ensure that you have the proper policies in place to protect your organisation from a health and safety breach.

We can provide the following services:

provision of ad hoc or regular updating advice as to the sufficiency of health and safety documentation
advice on the applicability of new law to your business
advice on health and safety management structures and chains of responsibility
If required, we can also provide training on health and safety law and the consequences of a health and safety breach

A health and safety breach can have a detrimental effect on your business. Our health and safety solicitors have a wealth of experience in health and safety law matters. We are well practised in ensuring that businesses and individuals are properly defended from all of the potential threats of a health and safety breach.

We can provide the following services:

First Response
Immediate deployment on site when serious accidents occur. Responsive focused strategic planning and action to take the matter forward and resolve it with least damage to your business.
Investigation support
Representation throughout the interview process. Often including the preparation of detailed statements.
Averting prosecution
Making representations to the prosecutor with a view to averting prosecution entirely or limiting its scope.
Ancillary proceedings
Representation of companies and key individuals as interested persons during inquests and coroners’ inquiries and public enquiries.
Defence at court
– of corporate defendant
– of key individuals
– of managers (S.7 & 37)
Support following proceedings
– press relations/management
– re-drafting of documentation
– linked services from other specialist teams such as employment and defendant insurance litigation

The Corporate Manslaughter and Corporate Homicide Act 2007, which came into force on 6 April 2008, means that companies and organisations can be found guilty of corporate manslaughter as a consequence of significant management failures resulting in a gross breach of a duty of care.

If your organisation has been accused of corporate manslaughter it is essential to take legal advice as early as possible. Our health and safety solicitors have the experience and skills needed to best advise you on your options. We can assist you throughout the investigation from the day of the incident until the investigation reaches its conclusion.

We use the firm for its fire safety enforcement work because we know they can deliver a service that is consistently to a high standard.

The Legal 500

Justin Davies’ track record is excellent in terms of support for case preparation and court advocacy.

The Legal 500

Justin Davies’ track record is excellent in terms of support for case preparation and court advocacy.

The Legal 500

Justin Davies has an enviable track record in fire safety cases. He has a detailed knowledge of fire safety law and enforcement, is calm under pressure, and provides timely and pragmatic advice.

The Legal 500

Senior associate Justin Davies forms a key part of the firm’s regulatory offering and has attained a market leading reputation for fire safety work as a result of his representation of South Wales Fire & Rescue Service on enforcement matters.

The Legal 500

Hugh James has become best-known for its health and safety prosecution work in recent years, to a large extent because of senior associate Justin Davies’ ‘detailed knowledge of fire safety law and enforcement’. This degree of specialism continues to be recognised by several fire and rescue authorities, including the South Wales Fire & Rescue Service, which continues to instruct Davies on all prosecutions brought by it under the Regulatory Reform (Fire Safety) Order 2005.

The Legal 500

Health and safety