Health & safety

Overview

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

Martin Jones

Head of Regulatory

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For six years, Martin worked as a Health and Safety solicitor agent. Having advised in criminal health and safety matters throughout his career, he has worked in cases of the utmost gravity, including those arising from multiple-fatalities and disease outbreak.

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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; and
current Section 7 and 37 prosecutions of individual managers and directors.

Health and safety at work

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.

Health and safety law

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; and
If required, we can also provide training on health and safety law and the consequences of a health and safety breach.

Health and safety defence

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

Corporate manslaughter

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.

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; and
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.

Legal 500

Justin Davies who has ‘valuable and extensive experience in the fire safety arena and regularly displays an excellent knowledge of the law’ when representing core client South Wales Fire & Rescue Service. Benefiting from higher rights of audience in criminal proceedings, Davies also regularly handles the advocacy, a factor that is appreciated by clients ‘as it allows continuity throughout the lifetime of a case’.

The Legal 500

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

Legal 500

Related services

Fire safety Employment Regulatory Construction & projects