Health and safety

James Down

Associate & LEAD CONTACT
  • Manchester
  • Healthcare Litigation, Healthcare Advisory, Health and Safety
  • 0161 234 2496
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Health and safety legal advice

Our specialist healthcare and NHS health & safety lawyers provide clear legal advice together with creative, practical and cost-effective solutions on all aspects of contentious and non-contentious health and safety law, including those arising from construction projects.

Key services and issues

  • General consultation on health and safety matters
  • Representation of organisations and individuals in fatal accident, asbestos, fire safety, work-related transport and other matters
  • Reviewing policies, procedures and other documents for compliance
  • Advising on health & safety clauses in standard form documents (e.g. contracts) and preparation of documents for clients
  • Advising on disputed health and safety duties (including Responsible Person duties under fire safety law)

Assisting organisations to:

  • Undertake accident and incident reviews
  • Identify root-causes and draft accident reports
  • Consider issues of potential civil and criminal liability
  • Manage the post-incident recovery phase
  • Provide practical training to staff in health and safety law

Advocacy

  • Provide 24/7 telephone advice
  • Accompany clients at police and Health & Safety Executive (HSE) interviews
  • Liaise with the police and enforcing authorities on your behalf
  • Advise and represent clients at Memorandum of Understanding and other multi-agency meetings
  • Representation at Inquests and in any court proceedings

Our work

  • We acted for a Trust in connection with a HSE prosecution arising from the suicide of an in-patient who drowned whilst under the Trust’s care taking part in an off-site canoeing activity with four other patients. This was a high-profile instruction due to national media interest in the case. The prosecution described the Trust’s failures in care as “a reckless and frankly astounding breach of law” and invited the court to treat the matter as falling within the highest category of seriousness (with a potential fine of up to £10m). In spite of this, we were able to persuade the court to dispose of the matter with a fine of only £30k.
  • We advised a Trust following an HSE investigation as a result of an accident on site involving a sub-contractor which resulting in serious injury. By fully engaging and cooperating with the HSE from the earliest stage, we were able to sufficiently tailor our written response to the issues identified and assure the HSE that their concerns had been adequately responded to, convincing them not to take any further action against the Trust.
  • We acted for a Trust in connection with a high profile legionella prosecution following the death of a patient, including representing the Trust in respect of Police and HSE investigations.

PeopleView all

James Down

Associate
  • Manchester
  • Healthcare Litigation, Healthcare Advisory, Health and Safety
  • 0161 234 2496
View profile

NewsView all

Healthcare newsbrief: Winter 2017 edition now available

Welcome to the winter edition of Hempsons’ Healthcare Newsbrief. Many of you will be reading this at the NHS Providers conference where many of the issues we are writing about – from moving towards digital records to the issues around moving to an accountable care organisation – will be either discussed or on the minds of delegates...

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