Health, Safety and Environment

Transcription

1 Health, Safety and Environment

2 Henderson Chambers Health, Safety and Environment Practice Group is now considered one of the go-to authorities in the field. Henderson Chambers Health, Safety and Environment Practice Group boasts a veritable cornucopia of experienced professionals, covering all aspects from criminal to civil litigation. Henderson Chambers possesses exceptional depth and quality at both silk and junior level and attracts praise for its helpful and extremely proficient barristers.

3 WELCOME Welcome to Henderson Chambers Health, Safety and Environment Practice Group. Our Health, Safety and Environment Practice Group covers five key practice areas: health and safety, environment, personal injury, clinical negligence, public inquiries and inquests. In reality, this covers health and safety prosecutions and policy, accidents at work, industrial disease litigation, sporting injuries, post-traumatic stress and psychological damage claims, fire claims, nuisance claims, flooding claims and prosecutions under environmental legislation. We pride ourselves in the variety of litigation services we offer to our clients, including advice and advocacy at every form of tribunal, from trials to appeals and from regulatory hearings to public inquiries. Our expertise is not limited to litigation; we regularly advise clients on internal company policies, as well as regulatory and Parliamentary matters. The market sectors in which we have particular expertise include: transport, agriculture, industry, construction, sport and entertainment, healthcare, food and drink, energy and water, and pharmaceutical. The Group has acted in many of the highest-profile pieces of health and safety litigation and investigation in recent years, including the Ladbroke Grove rail disaster and the Buncefield oil depot explosion. We are recognised in the and in for our expertise in all of the main areas in which we practise. Both directories also recommend and give high accolades to individual members of the Group. 1

4 OUR EXPERTISE such as the pending inquest Henderson Chambers retains a prominent presence in the health and safety sector, with members appearing in major matters into the Potters Bar rail disaster and the Buncefield oil depot explosion. Oliver Campbell is widely recognised as a true expert in health and safety, and someone who is technically very good and gives, clear sensible advice. Lawrence West QC is a provider of high quality advice in a timely and responsive manner, while his witness-friendly, approachable nature makes him a classy advocate to end up in court with. Health and Safety Expertise We are recognised for our expertise in all aspects of health and safety law, and our experience spans civil litigation, criminal proceedings and regulatory enforcement, including prosecutions for corporate manslaughter and infringements of health and safety legislation. As well as advising and representing parties in all forms of criminal prosecutions, enforcement proceedings and appeals in Crown Courts, Magistrates Courts and tribunals, our advisory and advocacy work covers: private law and public law civil proceedings, nonlitigious policy issues, best practice guidance, and parliamentary committees. We regularly advise businesses on corporate structures to ensure they comply with health and safety obligations. We also advise regulators, public authorities, utilities and businesses in respect of enforcement notices and licence conditions. Our expertise includes advising and drafting submissions to Parliament, most recently in respect of the Corporate Manslaughter and Homicide Bill, and the Health and Safety (Offences) Bill. On these issues we work closely with the British Safety Council. Members of Chambers were also instrumental in the foundation of the Health & Safety Lawyers Association (HSLA). 2

5 Remaining at the forefront of the health and safety field, this pre-eminent set s strength derives from the fact that its members are skilled in both civil litigation and criminal proceedings and have been present on some of the most notable health and safety cases of recent times. Supreme in terms of railway-related cases, the set fields a plethora of silks and juniors who enjoy extremely high acclaim in the area. Jonathan Harvey is especially proficient in civil and criminal cases involving evidence of a complex technical or engineering nature. His incisive mind and attention to the fine print win him applause from his peers. Environment Expertise We have long-standing expertise in all aspects of environmental litigation, including common law nuisance claims, public law, environmental risk management and pollution. Members of our Health, Safety and Environment Practice Group have been involved in many landmark cases, including the Cambridge Water and Buncefield cases. Our advisory and advocacy work is of equal importance to instructions to appear in court, covering all policy issues, and guidance on best practice. We also advise regulators and landowners on Environmental Protection Act, Land Drainage Act and Water Resources Act notices and licences. Expertise in Public Inquiries and Inquests The Group has increased its pre-eminence in public inquiries and inquests by acting as counsel to the inquiry or representing parties in a number of high-profile cases, including: the Kings Cross Underground Station fire, the Clapham, Southall and Ladbroke Grove rail inquiries; the Marchioness and Herald of Free Enterprise maritime inquires, and inquiries into outbreaks of disease, including an outbreak of legionnaires disease at Broadcasting House and an outbreak of E-coli in South Wales. We were also involved in the inquiry conducted by Department of Trade and Industry inspectors into London Underwriters Limited (Lloyds); the Home Office Review of the selection and appointments process of independent members of police authorities; and the Shipman Inquiry, chaired by Dame Janet Smith. 3

6 Personal Injury Expertise We undertake advisory, drafting and advocacy work in all forms of civil action arising out of personal injury. The areas we specialise in include industrial disease, accidents at work, fatal accidents, sporting injuries, brain damage claims, chronic pain and limitation. When it comes to personal injury and clinical negligence, Henderson Chambers has excellent expertise in niche areas of the law. Charles Gibson QC and Prashant Popat QC: The two of them have earned the reputation of being the strongest team available on the market. As well as being involved in the public inquiry and inquest aspects of major disasters, the Health, Safety and Environment Practice Group also carries out personal injury claims in such cases. We are experienced in advising insurance companies in respect of litigation, such as the risk exposure of group action and disaster claims, and we also work on the defence of fraudulent claims. Clinical Negligence Expertise The Group has very extensive expertise in a wide variety of clinical negligence claims for both claimants and defendants such as the Medical Defence Union and NHS trusts including obstetric, gynaecological, anaesthetic, orthopaedic, cardiovascular, cosmetic surgery, general medical and dental claims. In addition to clinical negligence civil actions, we appear in General Medical Council proceedings. We also act as legal assessors to the General Medical Council, the Nursing and Midwifery Council, the General Osteopathic Council, and the General Dental Council. 4

7 OUR EXPERIENCE The set s driving force is Roger Henderson QC, a lawyer whose name has long been synonymous with excellence in the health and safety field. Few have as much experience or a better track record in major health and safety cases than this veteran campaigner. Prashant Popat QC is one of the best tactical brains at the Bar. He is also brilliant with clients. The Health, Safety and Environment Practice Group has acted for parties in many of the highest-profile pieces of health and safety litigation and investigation, including: the criminal and civil proceedings arising out of the Ladbroke Grove rail disaster; the litigation arising out of the Buncefield oil depot explosion; and the corporate manslaughter and health and safety prosecutions arising out of the Hatfield train crash. We have been involved in a number of notable personal injury limitation cases. In the Nuclear Test Veterans Litigation, members of Chambers are representing the Ministry of Defence in a claim for damages brought by 1,000 ex-servicemen who claim to have suffered injuries as a result of nuclear testing in the 1950s. Members of the Group appeared in the lotto-rapist case (A v Iorworth Hoare), which saw the House of Lords overturn the long-established position on the limitation period for cases of sexual abuse. We have significant expertise in proceedings before and appeals arising from the General Medical Council, notably the cases of Professor Sir Roy Meadow, the Turkish kidneys for sale case and the Bristol paediatric cardiac death cases. We are at the forefront of medical group multi-party actions, having represented parties in the MMR vaccine, Benzodiazepine, Norplant, Sabril, Seroxat, Lariam and the FACS group actions. 5

8 WORKING WITH YOU Henderson Chambers has developed a user-friendly style, thanks in no small part to the helpful approach of the clerks. Lawrence West QC s ability to reduce complex issues to a readily understandable level makes him a clientfriendly choice. Geraint Webb s very bright mind is complemented by the pleasure it is to work with him. Charles Gibson QC exudes authority and is highly attuned to the sensitivities of a case. At Henderson Chambers, we are committed to achieving the right outcome for all our clients in all aspects of health, safety and environmental law. We are a rarity in that our practice is highly experienced in both the civil and criminal law arenas of health and safety law, and at all levels, from QC to newly qualified juniors. It means we are as comfortable working on a Health & Safety Executive prosecution as on a civil claim against a company. It also means you can come to us with any health and safety case and we can advise and represent you as necessary. The foundations of our excellence in client service are our pedigree, our intellectual ability and our knowledge of our specialist areas of practice. We consider ourselves approachable, friendly and enthusiastic. At the heart of our client-friendly ethos is our open-door policy and our commitment to dealing with every client on a personal, individual basis. We take pride in understanding our clients and their differing needs, including the commercial realities they face and the markets they operate in. Our website was the first to offer direct access to the public. We believe direct access which is used by smaller business, commercial and insurance clients is an important element of the service we offer and which our clients need. 6

9 ABOUT US Henderson Chambers is home to 40 barristers, including seven QCs. We are recognised in the Legal 500 and in as having expertise in all of the main areas in which we practise. We were a finalist in The Lawyer s Chambers of the Year competition; and a finalist in Client Service Set of the Year Award for 2 years running. We aim to provide a flexible and commercial service tailored to the needs of our clients. In addition to receiving instructions from solicitors, we accept instructions under the Licensed and Public Access schemes from a wide range of organisations. Members of Chambers regularly deliver seminars, in-house training and lectures to ensure our clients are both informed and able to benefit from our specialist expertise and advice. In addition to our own European law expertise, we have close links with barristers practising in Brussels, and we are able to advise and provide representation regarding all European law matters, including competition, trade, anti-dumping, public procurement and state aid, as well as appearing before the European Court of Human Rights in Strasbourg. Contact us For any health, safety and environmental law enquiries, or for questions regarding any other practice group areas, please contact John White, Chief Clerk: Tel: clerks@hendersonchambers.co.uk 7

10 PRACTICE AREAS We also have the following brochures available for our other practice areas: Product Liability & Group Actions Commercial, Insurance & Arbitration Finance & Consumer Credit Technology & Construction Property Public Sector Employment 8

11 Henderson Chambers...has developed a marketleading product liability team and enjoys a broad range of other recommendations especially in areas relating to regulatory. These include consumer, health and safety, IT, public inquiries and public law. Henderson Chambers is large enough to offer a versatile and wide ranging service, but not so large as to be impersonal. It houses friendly and approachable barristers who offer a high level of client care and are always helpful and eager to work in a team.

12 Henderson Chambers 2 Harcourt Buildings, Temple London EC4Y 9DB T F E clerks@hendersonchambers.co.uk DX 1039 Chancery Lane