James Buchanan

James Buchanan

"Very good with clients, very down-to-earth and very approachable. He's brilliant with clients."

Chambers UK 2018
Year of call: 1993
For enquiries please call: 020 7353 5324 or email vcard cv linkedin save

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 NJ 2018

Retained to advise company director under investigation for Gross Negligence Manslaughter. Instructed by Fiona Hahlo, RPC

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*] Instructed by Michael Hafen, Gowling WLG

HSE v C (2018)

Defendant, the Operations Manager of a demolition company, charged with offences contrary to The Control of Asbestos Regulations. Instructed by Anna Naylor, Kennedys

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. Instructed by Gary Lewis, Squire Patton Boggs

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. Instructed by Anna Naylor, Kennedys

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. Instructed by Michael Hafen, Gowling WLG

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. Instructed by Gary Lewis, Squire Patton Boggs. 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. Instructed by Squire Patton Boggs.

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. Instructed by Squire Patton Boggs.

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. Instructed by Kennedys.

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. Instructed by Kennedys.

LBTC v Scweitzer UK & Others (2015)

A UK subsidiary of Schweitzer Group, one of the world’s leading companies in the shop fitting industry. The company faced a multi-count indictment following catastrophic injuries sustained by an individual working on the refurbishment of commercial premises at Canary Wharf. Acquitted on all counts following submissions as to evidential sufficiency. Instructed by Fladgate LLP.

HSE v SPS Aerostructures Limited (2015)

Defendant, a wholly owned subsidiary of a Precision Castparts Corporation US, the world leader in the manufacture of structural components for aircraft and aircraft engines. Charged with an offence contrary to section 2 HSWA following life-changing injuries sustained by the operator of an inadequately guarded precision lathe and conveyor. Instructed by BLM (Leeds).

HSE v UKDN Waterflow (2015)

Company charged with breaching section 2 HSWA following collapse of excavation works during repair of drainage system. Advised the company, and its administrators pre-trial. As a result the company was unrepresented at trial. Instructed by Kennedys.

HSE v Percival & Others (2014) 

Represented a commissioning engineer following an investigation by the HSE into gas installation work carried out at two major Taylor Wimpey developments in the south of England. The prosecution alleged significant defects in respect of gas installation work carried out in over 300 properties. Instructed by Rowe Sparks (Southampton).

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