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

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 CA Limited (2018)

Retained to advise company under investigation following a number of incidents at a potash mine in the north of England.

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.