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Index of tables
Health and safety
Leading individuals
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- Guy Bastable BCL Burton Copeland
- Craig Baylis Berwin Leighton Paisner LLP
- Richard Bretton Osborne Clarke
- Jon Cooper Bond Pearce LLP
- Richard Crockford Kennedys
- Kevin Elliott Eversheds LLP
- Teresa Hitchcock DLA Piper UK LLP
- Chris Jackson Burges Salmon LLP
- Dr Simon Joyston-Bechal Pinsent Masons LLP
- Lukas Rootman Nabarro LLP
- Mark Scoggins Fisher Scoggins Waters LLP
- Roy Tozer DLA Piper UK LLP
- Mark Tyler Shook, Hardy & Bacon International LLP
- David Young Eversheds LLP
Bond Pearce LLP acts on both the prosecution and defence sides of health and safety cases. The team represented New Look in the first fire safety appeal, and prosecuted the first appeal under the new fatality sentencing guidelines. The ‘high-quality regulatory enforcement team’ is experienced in the retail and hospitality sector. Hilary Ross ‘always provides clear, pragmatic and business-focused advice’; and Jon Cooper has an ‘encyclopaedic knowledge of the law, so can steer you through to the practical application of legislation’.
DLA Piper UK LLP provides national coverage from its regional centres of excellence. It advised Total in the investigation of the Buncefield explosion; and is assisting on compliance with fire safety regulation following the Maddingley tower block fire. The ‘extremely knowledgeable’ Theresa Hitchcock advises major clients in the steel, construction, housing and leisure industries on UK and EU regulation. The ‘tactically astute’ Roy Tozer ‘rarely calls it wrong’ on contentious matters.
Eversheds LLP provides clients with crisis management, representation and training. David Young ‘stands out for his tactical nous, common sense and speed of response in emergencies’; and Kevin Elliott and the newly promoted Katharine Vickery are ‘responsive, professional, thorough, and pragmatic’. The firm recently acted for Marks & Spencer in an asbestos management prosecution, and EDF Energy, Tarmac and Nestlé are also clients.
Kennedys has an outstanding practice defending companies and directors against regulatory prosecutions and criminal charges. The team, headed by the ‘doyen of serious health and safety work’ Richard Crockford, handled some 55 fatal incident investigations in 2010, including representing a national railway company in the Potters Bar inquest, and a senior fire officer in a manslaughter prosecution involving four firefighters. Crockford, Daniel McShee and David Wright are ‘through-and-through health and safety lawyers, who stand out on the compliance and technical side’.
Pinsent Masons LLP is the first firm to have taken a charge of corporate manslaughter to trial under the new legislation, defending Cotswold Geotech. It advises other clients in the retail, education and engineering sectors on regulatory matters and in investigations. Kevin Bridges is noted for his ‘understanding of real underlying issues and practicalities’; and Simon Joyston-Bechal for his ‘legal knowledge and application’.
Barlow Lyde & Gilbert LLP represented TAV Engineering in the Buncefield prosecution; and is assisting Lowry Homes in relation to allegations of corporate manslaughter and gross negligence manslaughter. John Goodman and David Knapp ‘demonstrate extensive knowledge’.
CMS Cameron McKenna LLP’s global network attracts international clients wishing to take pre-emptive action in the form of audits and establishing compliant procedures. The team also assists clients in the engineering, offshore energy, and insurance industries in relation to prosecutions and inquests. Practice head Jan Burgess is valued for her ‘quality of service, accuracy and timely delivery’.
Howard Watson at Herbert Smith LLP has 20 years’ experience advising high-profile clients in the energy, industrial, medical, transport and leisure sectors on serious, reputation-damaging matters, and conducts both civil and criminal cases. The team has ‘great experience of the approach of the HSE and enforcing authorities’, and its advice is ‘thorough and in depth’.
The ‘very able’ Lukas Rootman heads Nabarro LLP’s ‘commercially astute’ regulatory defence team. The group handles complex instructions from clients in the risk-prone sectors of chemicals, waste, and mining, and provides strategic advice to ensure compliance and protect reputation.
Burges Salmon LLP assists a wide range of clients with operational safety, governance and risk management advice, and in safety authority investigations and prosecutions. Ann Metherall and Chris Jackson are rail sector experts; Metherall leads the firm’s 24-hour major incidents response team.
Niche firm Fisher Scoggins Waters LLP is experienced in defending construction and utility clients and police forces on high-profile charges involving fatalities. Mark Scoggins and Charlotte Waters are the key figures in the practice.
Osborne Clarke has seen a rise in demand for assistance on compliance with legislation, recently assisting Tata Technologies and Imperial Tobacco. The team has also assisted with prosecutions relating to fatalities. Clients include ROK, RWE npower, and Eurostar.
Russell Jones & Walker is instructed by individuals, unions and other organisations. It recently advised in relation to investigations into the activities of government bodies and senior scientists; and a fire in council property. It also acted in the defence of manslaughter charges relating to the Hatfield train derailment. James Carlton is ‘a strategic thinker, energetic, and extremely competent’.
Simmons & Simmons’ cross-departmental group provides support on corporate transactions and projects; policy guidance; and advice on regulatory matters and contentious situations. ‘Pragmatic’ associate James Taylor leads on advice to SanDisk, the Ministry of Defence, and various major players in the oil and gas and banking sectors.
BCL Burton Copeland stands out for its focus on the gravest contentious cases, on behalf of the defence, and for ‘doing it with real attention to detail’. Recent clients include Trafigura, in international criminal investigations; an employee of MITIE, in relation to a hospital fatality; and transport, haulage and food preparation clients in relation to fatalities. Guy Bastable ‘combines intellectual rigour with an unrivalled commitment to each case’.
Beachcroft’s national team is a key adviser to clients such as Allianz, on prosecutions arising from investigations and criminal prosecutions of its insured. The London team is involved in the defence of Swift Horsman against a criminal prosecution relating to a fatality. Patricia Baxter is now a consultant.
Berrymans Lace Mawer LLP focuses on the defence of prosecutions and advice on investigations for insured clients such as Comet and Tata, and for insurers such as Aviva and AXA. Clients appreciate the personal touch of the team, and recommend Jonathan Edwards (‘strong on interactions with regulators’) and Jennette Newman.
Freshfields Bruckhaus Deringer LLP is experienced in defence matters, and advised British Pipeline Agency in the Buncefield case. Jonathan Isted’s team has ‘sound industry and specialist knowledge’ which has recently been called on by clients in the oil and gas and nuclear sectors seeking advice on the regulatory environment. The firm also advised an airline in a PACE investigation.
Greenwoods Solicitors’ ‘flexible and always effective’ assistance to defendants runs from out-of-hours emergency response to interfacing with the police and HSE; incident investigation and reporting; media management; and remedial action. Major recent work includes advising a FTSE 100 company in a fatal accident investigation, and successfully defending a motorsport circuit owner following the death of a competitor. Philip Tracey ‘always provides sound advice’.
Reynolds Porter Chamberlain LLP covers a wide range of health and safety issues, including advising in relation to fairgrounds and fire safety. It is ‘rapidly becoming one of the more respected outfits’ in the area, and is noted for its ‘depth of knowledge and ability to put the client at ease’. Nick McMahon has ‘excellent judgement, and is a good strategic thinker’.
SNR Denton has significant experience in defence matters in the rail sector; and also provides advisory services to the retail and energy sectors. In 2010, senior associate Sam Boileau led the compliance audit of London Overground for MTR, and advised on the health and safety aspects of the administration of Jarvis. Recent highlights include defending Total Waste Limited in relation to multiple charges under the Fire Safety Order 2005.
At Shook, Hardy & Bacon International LLP, Mark Tyler ‘inspires confidence and is quietly effective on all levels’. The group is active in the courts on behalf of major corporate clients in the ports, waterways, energy and logistics sectors, and also advises on risk management, best practice and strategic planning.
Squire Sanders Hammonds strengthened its London team with the addition of the former head of Weightmans LLP’s regulatory practice, Andrew Sanderson. The team is particularly experienced in the construction, chemicals, waste, transport, and power generation/distribution sectors, and advises Renewables UK, National Grid, EDF/British Energy, Live Nation, and Veolia.
Berwin Leighton Paisner LLP has acted on the prosecution and defence sides in relation to health and safety compliance. Corporate clients include Tesco, JD Wetherspoon and Selfridges, for matters ranging from investigations to Food Safety Act compliance. Craig Baylis and Jeremy Bark are recommended.
Bevan Brittan LLP counts BUPA, Amlin and Costain as clients, as well as numerous public healthcare providers. The team is recognised as a health sector and coroner’s court specialist, and has corporate manslaughter experience.
Fiona Gill leads Davies Arnold Cooper LLP’s environment and health and safety group, which deals with matters ranging from minor workshop breaches of regulation to gross negligence manslaughter, and oil and gas incidents.
The corporate risk management group at Field Fisher Waterhouse LLP not only assesses and provides training on compliance, but also handles corporate defence. It acts for clients in the leisure, retail and telecoms sectors.
Greenwoods Solicitors LLP in Peterborough is recognised for its compliance advisory practice, and its abilities in the contentious environment. Kathryn Gilbertson is highly rated by peers.
Hextalls LLP represents insurers, companies and individuals under investigation and facing prosecution by the HSE and other authorities, and also provides risk management support. John Yates is the key contact.
The team at Hogan Lovells International LLP advises on environmental and climate change issues affecting energy sector clients, and health and safety aspects of transactions.
The ‘very responsive’ Caroline May heads the team at Norton Rose LLP, which acts for energy, utility, transport and engineering clients. In 2010 the team advised on a fatality in the oil sector, and provided training to Drax Power and others.
The ‘hardworking and ideas-led’ team at Stephenson Harwood was recently successful in averting criminal proceedings against a client. Tony Woodcock is ‘a good, practical operator with a keen eye for client need’.
Also of note are: Clyde & Co LLP, for its energy sector specialisation; the ‘pragmatic, sensible’ Anne Davies, now at Crowell & Moring; D avid Egan at Irwin Mitchell LLP; Kingsley Napley LLP, whose criminal law background is an advantage in investigations by maritime authorities, among others; Weightmans LLP’s strong national team; and Plexus Law, which ‘continues to push the boundaries’.