We are specialist lawyers with extensive experience of representing businesses and individuals in Coroners' inquests following workplace fatalities, in public inquiries, where there is a matter of large scale public concern, and in undertaking independent investigations, often following whistleblowing complaints.
A workplace fatality profoundly affects a business and its people. An inquest allows for a thorough examination of the incident, with organisations expected to cooperate with authorities and insurers. Without proper representation, individuals and businesses risk being unfairly targeted resulting in comments or criticisms from the coroner or other parties that you cannot address. It will often be the first time the evidence regarding an incident is heard in public, and so can attract significant media attention.
An inquest can be deeply distressing for all involved, with the potential for significant legal and reputational repercussions. The outcome of any inquest can have far-reaching consequences for both a business and an individual, including civil damages, possible prosecution and formal recommendations made by the coroner.
How we can help
Our extensive experience of inquest work across the UK, including Northern Ireland, means we can support you by anticipating likely issues, explaining the process, giving advice, calming staff nerves before, during and after an inquest, and helping to manage any reputational and commercial fall out.
Public inquiries are major investigations into events which have or could cause “public concern”. Statutory inquiries are commenced under the Inquiries Act 2005 to determine how an event happened and how to prevent future occurrences. They end with a report detailing findings and advice. Non-statutory inquiries are similar but lack certain powers. Inquiries, like inquests, aim to uncover facts, not assign blame, though their findings may prompt legal actions. They have broad scopes, garner media interest, and can impact reputations.
How we can help
We can support both witnesses and “core participants,” including individuals, corporations, and government entities when navigating through this incredibly complex process. Our lawyers can assist you in:
- liaising with the inquiry on your behalf;
- advising on the inquiry process including:
- powers available to the Chair
- the fair exercise of those powers
- what may be done to challenge the exercise of those powers
- assisting you understand the remit of the inquiry and the implications for you or your business;
- assisting you prepare your own case or evidence for the inquiry:
- reviewing the often extensive evidence provided during an inquiry
- advising on the impact of that evidence
- managing the evidence presented during the inquiry
- assisting you with your own internal investigations and managing material to be disclosed to the inquiry by your organisation
- interviewing witnesses and obtaining statements
- representing you or your organisation before the inquiry
- undertaking internal investigations into matters subject to inquiry and reporting to the board on remedial action if necessary;
- protecting reputational interests.
Independent investigations may be advised where your attention is brought to an accusation or allegation of wrongdoing. Your business may, for example, receive a whistleblowing complaint, or a discrepancy may come to light during the preparation of compliance documents.
The circumstances where a suspicion of wrongdoing might be formed are many and various, but whatever has happened, you will need to consider instructing external counsel to undertake an independent investigation under legal privilege (confidentiality).
An independent investigation may be necessary to determine whether there has been any wrongdoing and who is responsible for it, to enable you to understand the risks of civil or criminal litigation arising out of whatever has occurred, and to decide on next steps to put things right. There is often stakeholder pressure for such a process to be carried out, and a thorough independent investigation can be important in maintaining reputation. In some cases, allegations can be made publicly and attract media attention, and commissioning an independent investigation can help to restore public confidence.
Investigations often cover sensitive ground and cause executives, managers and employees a good deal of concern. They often require the collation and review of large volumes of data and taking accounts from numerous witnesses, who may or may not be within your business.
How we can help
Our experienced investigatory lawyers can help by guiding you through the process, formulating and executing an investigation plan and managing costs and expectations throughout. We are able to undertake witness interviews at all levels with authority and sensitivity, and tailor our approach to gathering evidence according to the circumstances.
Independent investigations may lead on to disciplinary proceedings, reporting to regulators, or to litigation. Our teams are used to working with other specialists to ensure a holistic approach is adopted.
Recent work examples include:
- the ongoing Grenfell fire disaster inquiry led by Sir Martin Moore-Bick
- the ongoing UK Covid-19 Inquiry
- representing two site managers on a large food industry construction project during a lengthy inquest where charges of manslaughter remained a real possibility. No charges were brought against the clients
- representing a multi-national company in respect of a lengthy Article 2 inquest following deaths at a hospital trust where concerns were raised about the management and advice provided by supporting organisations
- representing a large PLC following a serious industrial accident where the Health and Safety Executive was a properly interested person, and extensive and complex expert evidence was relied on to establish a verdict
- advising witnesses of a major entertainment company following an unexpected death at one of its premises.
- undertaking an investigation into health and safety risks following a whistleblowing complaint at an educational establishment
- undertaking an investigation into allegations of modern slavery following a whistleblowing complaint to a UK company with an overseas subsidiary. In this investigation we found no evidence of modern slavery, but we were able to advise the business on improvements to its HR policies and procedures
