Scottish House Builders Health & Safety Forum - The Story of An - PowerPoint PPT Presentation

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Scottish House Builders Health & Safety Forum - The Story of An Accident Clare Bone , Partner & Solicitor Advocate Carly Forrest , Partner & Solicitor Advocate 7 November 2018 www.bto.co.uk www.bto.co.uk Key Legal Issues - Criminal

Scottish House Builders Health & Safety Forum - The Story of An Accident Clare Bone , Partner & Solicitor Advocate Carly Forrest , Partner & Solicitor Advocate 7 November 2018 www.bto.co.uk www.bto.co.uk
Key Legal Issues - Criminal  Legal Professional Privilege  Police/HSE investigations  Information Gathering/Early Investigation/Best Evidence  Report to Procurator Fiscal/Crown Disclosure  Legal Liability (Criminal) www.bto.co.uk www.bto.co.uk
Privilege  Section 20(8) of the HASAWA 1974 – cannot be compelled to hand over documents with legal professional privilege attaching  Instruct a solicitor immediately – to instruct/carry out investigation  Appoint a core investigation team  Privileged communications must remain between the team and the solicitor only  Emails etc – be careful  Once privilege is gone it’s gone…. www.bto.co.uk www.bto.co.uk
www.bto.co.uk www.bto.co.uk
Information gathering  Get signed statements in the immediate aftermath as part of privileged investigation – covering more than just accident circumstances and aftermath  Obtain all relevant documentation to support good H+S management within the company  Don’t wait for criminal/civil proceedings  Lost/destroyed evidence may prejudice your efforts… www.bto.co.uk www.bto.co.uk
www.bto.co.uk www.bto.co.uk
Key Legal Issues - Criminal  Legal Professional Privilege  Police/HSE investigations  Information Gathering/Early Investigation/Best Evidence  Report to Procurator Fiscal/Crown Disclosure  Legal Liability (Criminal) www.bto.co.uk www.bto.co.uk
Key Legal Issues - Civil  Early Investigation/Collaboration  Legal Liability (Civil)  Vicarious Liability  Reputational Risk www.bto.co.uk www.bto.co.uk
www.bto.co.uk www.bto.co.uk
www.bto.co.uk www.bto.co.uk
www.bto.co.uk www.bto.co.uk
www.bto.co.uk www.bto.co.uk
Vicarious liability – Will it blow up in your face? www.bto.co.uk www.bto.co.uk
www.bto.co.uk www.bto.co.uk
www.bto.co.uk www.bto.co.uk
www.bto.co.uk www.bto.co.uk
www.bto.co.uk www.bto.co.uk
Scottish House Builders Health & Safety Forum - The Story of An Accident Clare Bone , Partner & Solicitor Advocate Carly Forrest , Partner & Solicitor Advocate 7 November 2018 www.bto.co.uk www.bto.co.uk

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