James Buchanan

Criminal Regulatory

James’ practice focuses on workplace crime, particularly in relation to health and safety matters. His work covers the full range of offences, from manslaughter to prosecutions under the HSWA arising out of fatal and non-fatal accidents.

James has significant experience of the construction, transport and healthcare sectors and is currently instructed in numerous cases involving fatalities and catastrophic personal injuries.

He is a specialist defence practitioner with a reputation as a robust trial advocate and shrewd tactician.

Cases

Health and Safety

R v WH (2024)

Dairy farmer investigated for Gross Negligence Manslaughter following the death of a farm worker during the course of routine maintenance of farm machinery. No further action taken after service of Written Submissions and attendance at police interviews.

R v ET Ltd (2024)

Haulage company charged following catastrophic injuries sustained by a member of the public during an unloading operation. The HSE offered no evidence following the service of expert evidence accompanied by written submissions.

R v CR (2024)

The first known case of its kind arising from the death of participant in the adventure sport, coasteering. CR, the activity instructor, was investigated for Gross Negligence Manslaughter and for breaches of HSWA. Following an inquest into the death, the prosecuting authority elected to take no further action against CR.

R v SA Ltd

Prosecution arising from a crane collapse, with the significant aggravating feature of a component part having fallen into a school playground. For trial in 2024.

Re. EE (2023)

Death of a toddler who fell to his death from the open window of a high-rise block of flats owned by Leeds City Council. Inquest concluded in December 2023, the senior coroner concluding that the actions of LCC did not cause or contribute to the tragic death.

R v SO & SW (2023)

Co-defended with Mark Balysz KC and secured the acquittal of a trainee paramedic charged with Gross Negligence Manslaughter following a 4-week trial in front of Mrs Justice Cheema-Grubb, the jury returned not guilty verdicts in less than an hour.

R v NJS & SA Limited (2022)

Successfully defended the director of a roofing company, who was acquitted of gross negligence manslaughter, following a four week trial at Brighton Crown Court.

R v NS (2021)

Instructed to represent a company director charged with Gross Negligence Manslaughter following the death of a sub-contractor who was working at height on a construction site. Trial listed in April 2022.

R v P Ltd (2021)

Instructed to act on behalf of a specialist roofing contractor (acting as the Principal Contractor) following the death of the employee of a sub-contractor.

HSE v DDL (2021)

Advising a haulage company following the death of an employee during the course of a complex lifting operation. Charged with s.2 HSWA.

Concerning the deaths of S and A (2020)

Instructed to represent a flying school following the deaths of a flying instructor and student during the course of a seemingly routine ‘VFR’ flight.

HSE v BD (2020)

A demolition company charged with section 2 HSWA offence following catastrophic crushing injuries sustained by an employee when working at height.

HSE v N (2020)

Representing the Principal Contractor charged with CDM 2015 offence following a near fatal accident during the course of a lifting operation on a construction site.

HSE v TD (2020)

Representing a mine operator charged with section 2 HSWA offence following an underground collapse causing serious crushing injuries to a number of employees.

HSE v AAL (2019)

A cargo handling company charged with s.2 HSWA offence following a serious accident during the course of a lifting operation.

NNDC v WCS (2019)

Operators of a holiday park charged in connection with a non-fatal drowning incident in an onsite swimming pool.

LBC v FF (2019)

Retained to advise a market leading fitness club operator following the death by drowning of a club member.

HSE v RL (2019)

A dairy farmer charged in connection with the death of a farm worker after a fall from height.

HSE v PSL (2019)

Advising operators of a sawmill following fatal injuries sustained by the operator of a panel sorting and stacking line.

HSE v WF (2019)

Advising WF, an employee of Veolia, following the death of a rough sleeper who was crushed to death when the waste bin he had been sleeping in was tipped into a waste collection lorry.

HSE v DDL (2019)

Advising a haulage company following the death of an employee during the course of a lifting operation.

R v NJ (2018)

Retained to advise company director under investigation for Gross Negligence Manslaughter.

HSE v LONDON BOROUGH OF CROYDON (2018)

LBC charged with s.2 HSWA offence following accident causing an employee with learning difficulties catastrophic injuries. [*Link to read more*]

HSE v C (2018)

Defendant, the Operations Manager of a demolition company, charged with offences contrary to The Control of Asbestos Regulations.

R v AC Limited (2018)

Retained to advise construction company under investigation for Corporate Manslaughter following the death of a sub-contractor who sustained fatal crushing injuries during the course of a loading operation.

HSE v Dnata International Limited (2017)

Defendant, a wholly owned part of Emirates Airline, charged in connection with alleged breaches of the Ionising Radiation Regulations 1999.

R v Wortley (2017)

Defendant, a ground works supervisor, charged with Gross Negligence Manslaughter, s.2 HSWA and Perverting the Course of Justice. Acquitted following an 8-week trial at Northampton Crown Court. Read about the case in more detail here.

HSE v Ontime Automotive Limited (2017)

Representing company, a vehicle recovery specialist, charged with breaching section 2 HSWA following the death of an employee who sustained fatal crushing injuries whilst lowering the upper deck of a vehicle transporter.

CCBC v Enterprise Inns Plc (2016)

Company charged with breaching section 2 HSWA and multiple breaches of Gas Safety (Installation and Use Regulations) and PUWER, following serious injuries sustained by the tenant of licensed premises the freehold of which was held by the company.

HSE v Topbond Group Plc (2016)

The company was sub-contracted to undertake complex engineering works in order to remove and replace a concrete culvert running beneath a major highway. Charged with breaching CDM regulations following collapse of existing culvert during the course of excavation works.

HSE v Freight First Limited (2015 – 2016)

Represented company, a specialist short-notice haulier, charged with breaching section 2 HSWA following the death of an employee who sustained fatal crushing injuries whilst shunting (coupling and uncoupling) an articulated vehicle. The court required a 9-day Newton hearing in order to consider a wide range of complex technical evidence and guidance.

Environmental

EA v ETC Ltd

A food company charged following the discharge of trade effluent into a number of waterways, the pollution event causing a significant fish kill. For trial in 2024.

EA v EMA

An airport operator charged following the discharge of water contaminated with de-icing fluid from aircraft and runways into the River Trent. For trial in 2024.