Accidents can occur suddenly and unexpectedly. Those caught up in them can find themselves bewildered by what follows as investigators seek to establish cause and to apportion blame.
Companies and individuals may find themselves the target of investigations that can result in criminal prosecutions for Health and Safety Offences or Manslaughter. These may in turn result in substantial fines or even imprisonment.
With a proven track record in litigation and regulation, and a wealth of experience representing companies of all sizes, Kingsley Napley is uniquely placed to advise companies and individuals in relation to such investigations and prosecutions. Representation is provided by solicitors in our criminal department with support from our Regulatory, Dispute Resolution and Employment departments when needed.
We can provide clear advice on a process that can be complex and may have far-reaching consequences. We have experience dealing with the Police, The Health and Safety Executive (HSE), Coroner's Inquiries, The Environment Agency (EA), Fire and Rescue authorities, The Marine Accident Investigation Branch (MAIB), The Civil Aviation Authority (CAA), The Air Accident Investigation Branch (AAIB) as well as local authority enforcement departments.
The team is led by Michael Caplan QC whose work in this area is well known and includes his representation of the master of the Bowbelle in the 1989 Marchioness disaster; Michael frequently writes and speaks on the subject.
Examples of recent work
- Representing an installation engineer following a fatal incident involving high pressure gas cylinders
- Representing a Joinery company following a workshop fatality
- Representing a skipper and a first officer in separate near misses involving cross-channel ferries
- Representing an industrial laundry in respect of HSE enforcement action
- Representing an international manufacturer of construction equipment in connection with a fatality investigated by police and HSE
- Representing a hotel in an investigation by the Essex Fire Authority
- Representing a barge master in a fatal accident at Milford Haven investigated by the police and HSE
- Representing a major hotel group in an Environment Agency investigation into allegations of pollution
- Representing a well-known leisure PLC in relation to a waste disposal prosecution brought by a local authority
- Representing senior HM Prison Service personnel and others in a number of deaths in custody investigations by police
- Representing Officers from the UK Border Agency in connection with an incident resulting in serious injury arising from an arrest
- Representing senior police officers in relation to fatal and non-fatal shooting incidents (including the Stockwell shooting incident)
Contact: Michael Caplan QC and Jonathan Grimes
Interested in this topic? Why not join the Linkedin Corporate Manslaughter and Fatal Accident Working Group
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Chambers and Partners 2012