A company was being investigated following an accident in the work place. A driver of a forklift truck had lost control and driven off a raised platform, causing him serious injury. The case revolved around the Company's failure to properly risk-assess the dangers associated with the raised platform. Although we advised the company that a prosecution was likely to follow and that they were guilty of the offences, we were able to manage the case from the beginning to its conclusion. We were able to ensure that the company was dealt with in the Magistrates Court and that it received only a reasonable fine. The liability of the Company in criminal law was clear, but by referring the case to us at an early stage it enabled the Company to obtain the best possible result and to minimise the publicity that the case would have generated.
A company ran a go kart business. The company had in force safety system of sorts which included training and instruction prior to use of the kart. The karts themselves were mechanically sound and were tested regularly. The paperwork was in good order. A teenage driver had gone through the training instruction but had crashed his kart and broke his leg. The primary cause of the injury was a failure to provide an effective safety barrier. The safety barrier was in place but had not been updated for some time and was not approved to industry standards. The investigations and interviews had taken place before we were instructed. It was clear that the current directors had not undertaken an adequate assessment of the business including the safety assistance that existed around the track. We advised the company to co-operate fully with the local authority who investigated the case and to plead guilty at the local Magistrates Court. With careful planning and detailed mitigation, the company were dealt with the in Magistrates Court with a small financial penalty but the case was not, as was possible, sent to the Crown Court for sentence. On our advice, the company had, since the accident, improved systems throughout. Not only did this impress the prosecution but particularly the Court. By taking advice and planning a detailed mitigation, the company achieved the best possible result at an early stage and avoided extensive publicity.
Our client was employed as a lorry driver. He was backing his lorry into a parking space on site when he ran into a "visitor”. The visitor was well known to the company and would routinely visit the site and undertake handyman type jobs. Unfortunately the visitor died of his injuries and both the company and the individual driver were investigated by the Health & Safety Executive. Contact was made with the Health & Safety Executive immediately and the investigating officer was spoken to about our client's position with regard to the accident. After some further telephone calls and correspondence, the Health & Safety Executive was persuaded not to take the matter further against our client (despite the fact that it was the most serious of cases). The company who were separately represented were prosecuted for various breaches of the regulations.