Health, Safety and the Environment

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.

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 HSE investigations and prosecutions. Representation is provided by solicitors in our criminal and regulatory department with support from our 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.

Cases investigated by HSE in particular may give rise to the imposition, at short notice, of prohibitions on certain activities or the requirement for changes to particular practices within tight timescales. These have the potential to have a significant impact on the ability of a business to function. Kingsley Napley can assist in negotiating with the agency involved to bring about a speedy resolution to such issues.

Following the investigation, companies or individuals may be prosecuted and taken to court.

In fatal accident cases, while the possibility of companies being prosecuted for manslaughter has always existed, the Corporate Manslaughter and Homicide Act 2007, which came into force in April 2008, is certain to bring about an increase in such cases. Individuals may also be charged with manslaughter where gross negligence is suspected. In almost all such cases there will be associated charges under health and safety or other legislation. This legislation generally acts by imposing positive duties on companies and individuals and threatening criminal sanction for breach of those duties. Such charges may also be brought in non-fatal cases.

In addition, every case involving a fatality caused by an accident will result in an inquest.

Whatever happens and at whatever stage, Kingsley Napley can provide advice and representation to ensure the best possible outcome. 

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 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)
• Representing British soldiers in a cold case review conducted by Police Service Northern Ireland Historical Enquiry Team arising from a fatal shooting in Northern Ireland

Primary contact: Michael Caplan QC and Jonathan Grimes