Ian heads up the firm’s regulatory and liability claims department which deals with health, safety and environmental issues. The departments work covers not only prosecution and enforcement action but advisory work in relation to risk management, health and safety policies and due diligence in corporate transactions including advice on all aspects of health and safety. Ian also has experience in relation to food prosecution work covers matters such as food safety, hygiene infringements, labelling infringements and trade descriptions.
Ian also receives instructions from UK and international insurers in relation to claims made under employers’ liability, public liability and products liability policies, in addition to advising on policy disputes and coverage issues.
Ian’s practice encompasses contentious and non-contentious health, safety and environmental issues including advising on formal investigations and prosecutions and advising on appeals against formal Notices relating to health, safety and environmental issues.
He advises clients on formal investigations by the Environment Agency and local authorities and defending prosecutions, statutory nuisance proceedings on behalf of local authorities and others including the nuclear industry.
Since the mid 1980’s the UK has seen a significant growth in legislation and regulations relating to health and safety and in the workplace and the environment. Increasingly small and medium sized businesses have to deal on a daily basis with legislation affecting the workplace. The Health and Safety Executive (HSE) and Enviroment Agency are increasingly prosecuting a large amount of companies for breaches of the regulations which can result in large fines, a criminal record and adverse publicity.
The Health and Safety (Offences) Act 2008, introduces custodial sentences of up to two years for workers or their bosses who breach workplace safety rules as opposed to the previous regime of fines.
The wide-ranging powers also mean that an employee who has contributed to a health and safety offence could face a prison sentence even if no accident or injury occurred as a result of their actions.
Ian is one of very few practitioners in the UK with specialist experience in this area. Ian has been involved in a large number of high profile Health and Safety cases including:
- Avonmouth bridge collapse – when 4 workers died resulting in fines of over £1million for the companies involved.
- Corus furnace explosion – Corus was ordered to pay more than £3m for breaching health and safety laws at a factory where a massive explosion killed three workers.
- R v Junttan Oy – the only health and safety case to go to the House of Lords in recent years involving important issues on Section 6 HSWA 1974, the impact of European directives/regulations and the nature and extent of domestic powers of prosecution.
Our team delivers a proactive service to clients that can minimize exposure to Health & Safety and Environmental legislation.
The new Act is designed to encourage businesses to pay closer attention to health and safety matters. Last year 229 people were killed at work in the UK, according to the British Safety Council.
