Iain Daniels

Criminal Regulatory

Iain appears in cases involving all aspects of health and safety and fire safety legislation covering both criminal and civil claims.

He advises corporations and public bodies in the context of on-going litigation and also as to the development of health and safety policy, compliance with regulations and how best to approach enforcement agencies with a view to avoiding prosecution.

He has been instructed in cases arising from the Lakanal House fire, Bradford City fire and prosecutions in cases including those working at height, window security, asbestos, manufacturing, farming and construction safety. He has advised and appeared on behalf of healthcare and care providers in cases involving legionella and water systems, estate management functions, water temperature, medication procedures, bed sores, window restrictors and safe food preparation.

In addition, he represents companies in proceedings brought by the fire service and appeals in the Employment Tribunal against improvement and prohibition notices.

Iain also advises on media strategies and dealing with media enquiries following serious incidents and court judgments.

Notable cases:

Re. NHS Trust

Advising and assisting in responding to an investigation into a number of fatalities in an NHS Trust.

Newham v B

Representing a utility company charged with offences relating to street works in the context of the death of a pedestrian.

Millmore v Environment Agency [2019] EWHC 443

Acting on behalf of an employee of a water company charged with obstructing an EA search of its premises.

R. (on the application of Torpey) v DPP [2019] EWHC 1804 

Judicial review of the decision not to prosecute a police officer in respect of the fatality of a moped rider killed during a police pursuit. He is currently instructed to appear on behalf of the family in the inquest.

HSE v NHS Trust B

Instructed on behalf of an NHS Trust in respect of a prosecution involving the death of a patient from legionnaires’ disease which it was argued on behalf of the HSE he contracted whilst an inpatient in hospital.

P v East Sussex Fire and Rescue

 Challenge in the Employment Tribunal and Divisional Court to the issuing of improvement notices in respect of petrol stations.

Kensington & Chelsea v A

Instructed on behalf of a utility company to oppose an attempt by a local authority to impose Health and Safety sentencing guidelines on ‘street works’ cases.