04/12/2024
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In our latest Prosecuting Successfully webinar, our speakers looked at recent prosecution cases and provided helpful tips and guidance. We were delighted to be joined by Ben Mills from St Philips Chambers.
Topic one: Fatal Accidents
Many local authorities will luckily never have had to investigate a workplace fatality. Louise and Adam's presentations will be helpful to prepare you should this ever be required. They talked through the challenges when investigating fatal accidents and how these might differ from other investigations.
Their section covered the inquest process, working with the police in investigating, and provided tips on managing the various stakeholders, including the family.
Topic two: Managing large scale investigations
For many local authorities there is a real tension between the need to take action against the most harmful traders and the resources required to do so effectively. Particularly if faced with short time limits for offences. There is a danger that teams become so overwhelmed with the scale of perceived offending that it becomes unmanageable. That often leads to unsatisfactory outcomes.
Ben's talk provided some basic principles to consider which may help you avoid the most common pitfalls and increase the prospect of a successful outcome.
Topics of discussion
- Fatal vs non-fatal accident investigations
- Working with the police and families
- Manslaughter
- The inquest process
- Tips for effectively managing large scale investigations
- Balancing sufficiently effective outcomes with efficiency and cost
Speakers
Ben Mills, Barrister, St Philips Chambers
For over a decade Ben Mills has been consistently recognised by the industry directories as a leader in his field. He enjoys a thriving practice, specialising in regulatory crime (health and safety, trading standards, fraud, environmental crime and inquests) along with associated complex confiscation proceedings.
He has been appointed to the highest tier (Panel A) on the Attorney General’s Unified List of Prosecuting Advocates and appeared for the prosecution in a number of the leading cases in the field. At the core of his practice is an acute attention to his client’s best interests and a tireless commitment to his cases. He has been a Recorder of the Crown Court since 2016 and is Deputy Head of the St Philips Chambers Regulatory Group.
Adam Kendall, Partner, Bevan Brittan
Adam leads the firm's Litigation, Criminal Regulatory team and has over 25 years' experience in advising public, private and third sector clients in all aspects of health & safety; compliance; criminal/regulatory investigations; enforcement and litigation.
He has a strong track record of success in litigation and arbitration, together with all forms of alternative dispute resolution (ADR), including expert determination, negotiation and mediation.
Louise Mansfield, Legal Director, Bevan Brittan
Louise specialises in health and safety and criminal regulatory law and advises on a wide range of regulatory legal issues including health and safety, building safety, fire safety, product liability, food safety, white collar crime, contentious environmental and transport law.
She represents clients (both companies and individuals/directors) at public inquiries, inquests, PACE interviews and in relation to prosecutions. Experienced in managing large scale electronic disclosure / document review exercises using various platforms, she also provides clients with advice on a wide variety of regulatory issues and carries out a large amount of training for them.
