Corporate Manslaughter,
Safety & Environment

Are you an employer or supervisor worried about your responsibility?

Corporate Manslaughter

The aim of the Corporate Manslaughter and Corporate Homicide Act 2007 (CM & CH Act 2007) is to improve the protection of employees and the public from management failures by holding companies responsible and allowing companies rather individuals to be punished. It is now much easier to prosecute companies when senior management failure has resulted in death. In owner managed businesses an individual could be at risk of prosecution if it can be determined that they had an active part in the day to day running of the business.

If you have been accused of corporate manslaughter, it is essential that you instruct an experienced firm of solicitors. Call our team on 0800 32 888 46 or contact us via an online enquiry. Our firm will assemble the appropriate defence solicitors to proactively defend your case. In our experience, seeking advice at an early stage of an investigation can dramatically reduce the chances of a prosecution being brought against you.

HSE Investigations

Have you or your company breached Health and Safety rules? If you have been accused under the Health & Safety Act 1974 or the newer legislation of Corporate Manslaughter and Corporate Homicide Act 2007 you will need legal advice. Investigations can start with an initial interview under caution and could finish with prosecutions being brought to court by the Health & Safety Executive (HSE). However not all health and safety breaches result in a court case, but in those breaches that do proceed to court, you will need legal assistance to prepare your defence. For initial advice, representation at interview or preparation for court proceedings, please contact our experienced defence team on 0800 32 888 46 or via an online enquiry for robust and practical advice.

Environment Agency Investigations

If you have violated environment permits for example through discharge into waterways or illegal tipping, individuals and companies can face investigation and prosecution by the Environment Agency. Thankfully investigations do not always lead to a court case but for those violations that do proceed to court you will need expert legal advice and an expert team preparing your defence. Please contact our experienced defence team on 0800 32 888 46 or via an online enquiry for to achieve the best possible outcome for your case.

Cunninghams are regularly asked by clients to take over their case from Solicitors that they have previously instructed. This can happen at any stage of an investigation or prosecution.

There can be many reasons for this. Their existing solicitor may feel that for professional reasons they can no longer continue to represent their client, they may no longer feel that they have the necessary expertise or they may no longer be allowed to represent their client in respect of a particularly serious case because they are not members of the VHCC panel. In some cases, a client’s relationship with their solicitor has simply broken down, or they have lost complete confidence in their solicitor’s ability to represent them properly. Some clients feel that transferring representation will be an awkward, embarrassing or difficult process, and for cases which are publicly funded there are strict criteria which must be present before a case is transferred to another solicitor.

At Cunninghams we are used to dealing with such enquiries and can reassure clients that any transfer of their case will be smooth, free of embarrassment and always in their best interests.

Our initial advice is always free of charge. Contact Us on 0800 32 888 46 or make an on-line enquiry.

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