James accepts instructions in cases arising out of serious or fatal injuries in the workplace. He is able to provide advice at an early stage and deal with all areas of court proceedings thereafter.
James routinely acts for insurance companies in personal injury and HSE prosecutions and is well placed to advise defendant companies and insurers at the first sign of HSE involvement or civil claims.
James also regularly attends coroner’s inquests and is available to act in other regulatory cases, with special interests in Health and Safety and Environmental / Waste Management prosecutions an area in which James is assisted by his Bsc (Hons) in Geo-chemistry.
James acts for the Appropriate Authority in such cases and has also acted as legal advisor to the Chief Constable.
James has recently seen in increase in instructions in professional discipline, in particular, instructed by the Nursing and Midwifery Council. He can also act in all other professional disciplinary tribunals including but not limited to:
- Fire Fighters
James is also available to assist clients in the following areas:
- Care Quality Commission
- Firearms; appeals and prosecutions
- Food Safety / Hygiene
- Licensing Hackney Carriage
- Licensing Premise
- Local Authority / District Council Prosecutions
- Sporting disciplinary (especially rugby union)
- Trading Standards
- Inquest touching the death of EC
James represented the family in a case following of an unlawful hold under the Mental Health Act.
- Inquest touching the death of MC
James was instructed by the Medical Protection Society to protect the interests of a General Practitioner in a case where a patient had committed suicide following contact with their GP.
James drafted a new risk assessment policy for the practise and thus avoided a Prevention of Future Deaths Report.
- Inquest touching the death of TB
James was instructed by Telemedicine Ltd on behalf of a radiologist. The deceased died following ruptured coeliac aneurysms.
- Inquest touching the death of SW
James was instructed by the family of the deceased who was a paraplegic; she ultimately died as a result of complications to her bed sores. She had been held under the Mental Health Act and died following a decline in her food and fluid intake.
- Inquest touching the death of CW
The deceased was under medication for Bipolar depression. Emergency services were called to deceased home where she was in a distressed state and causing damage to the premises in the presence of her young family. She died shortly after arrival at hospital.
- Inquest touching the death of KT
Representing the bereaved family of a 30-year-old woman who had a number of complex medical issues. She was steroid dependant, but none was administered until moments before her death.
- Inquest Touching the Death of Mr CH
James represented the family of the deceased who died having been admitted to hospital for severe alcoholism. The deceased was subject to a hospital restriction order at the time of his death.
- Inquest Touching the Death of IH
James is representing the family of an 18 month old boy who was in remission from Leukaemia following a bone marrow transplant. He subsequently died of a heart attack, whilst in hospital.
HEALTH AND SAFETY
- HSE v Pauls Malt Ltd T/A Boormalt
Representing a European company with a U.K turnover of £129m (and so outside of the top bracket of the sentencing guidelines).
A guilty plea was entered to an offence contrary to section 33 Health and Safety at Work Act 1974 act by breaching its duties under s 3(1) of the Act.
The starting point for sentence for a company with a turnover of £50m was £300,000 with a range of £130,000- £750,000. The potential fine was therefore in excess of £750,000.
James advised at an early stage in terms of the relevant evidence to put before the court, including the extent of financial disclosure and the specific risk assessments and training given to employees across the country.
Following a guilty plea and mitigation, the Defendant was fined just £100,000.
- HSE v ICH Ltd
Representing a company that provided air conditioning services to supermarkets and department stores with a turnover of £6m.
The Defendant pleaded guilty to one offence contrary s33(1)(c) of the Health and Safety at Work etc Act 1974 by breaching its duties under s 3(1) of the Act. The sentencing range was £25,000- £230,000. Mr Wilson drafted the basis of plea and, following mitigation, the Defendant was fined £20,000.
- HSE -V- Longcross Construction Ltd (In Administration ) (1) Fewell Engineering Ltd (2)SJT Site Management Ltd (3) Stuart John Tombs (As a director) (4) Stuart John Tombs (As an individual)
James represented the Second, Third and Fourth Defendant who were prosecuted as a result of a crushing injury that occurred at Armley Prison, Leeds. The complainant was run over by machinery driven by a third party contractor. Both the machinery and the contractor were under the control of the Second Defendant company and the Fourth Defendant as an employee of the company.
The Defendant company pleaded guilty to offence contrary to s33(1) of the Health and Safety at Work etc Act 1974 by breaching its duties under s 3(1) of the Act. The charge against the company director was discontinued. The Fourth Defendant pleaded guilty to tampering with the evidence post accident and therefore obstructing the investigation.
The HSE suggested that the relevant fine bracket for the company was £30,000- £110,000.
James drafted the Basis of Plea and successfully argued that the culpability was less than the HSE submitted. Following mitigation, the company was fined £600. The Fourth Defendant was fined £100 for evidence tampering.