Health & Safety and Regulatory Defence
BTO’s Health & Safety and Regulatory Defence team is a unique force in the Scottish market as it is the largest independent and dedicated health and safety team operating in Scotland, with 100% specialism in health and safety law. A "market leader", the team is regarded by clients and competitors alike as providing a “first class" service and advice that is “clear, concise and unerringly accurate.” Headed up by Partners Clare Bone, “a leading individual” in health and safety, and Vikki Watt, providing "unequalled advice and support to clients". The team is ranked tier 1 in The Legal 500 and band 1 by Chambers UK, and recognised for being "extremely approachable and pragmatic with super connections to the stakeholders in casualty claims."
With five Solicitor Advocates and two former Procurators Fiscal (one of whom are Criminal Solicitor Advocates), the team has a 100% record of securing acquittals in all Sheriff & Jury Trials in the past 5 years. Whilst its offices are based in Glasgow and Edinburgh, the team provides complete coverage of Scotland, allowing it to respond with ease to urgent instructions, no matter the location.
"What's great about them is that they are a team, and they communicate with each other very well. The greatest strengths of BTO are consistency, transparency and communication throughout all levels." (Chambers UK)
What we do
- An immediate response to incidents Scotland-wide
- 24 hour call out service offered to key clients
- Advice, assistance & representation at interviews by all Regulators (Police, HSE, Local Authorities, SEPA, MCA etc.)
- Advice regarding matters of privilege and requests for documents from Regulators
- Criminal Advocacy: defence of prosecutions (e.g. health and safety, environmental and white collar crime) and representation at Fatal Accident Inquiries
- Post incident management advice
- Health & Safety Policies & Systems Audits
- Compliance Training
Contact: Clare Bone, Partner firstname.lastname@example.org / Vikki Watt, Partner email@example.com / T. 0141 221 8012
- Health and safety prosecutions
Representing clients, including individuals as well as companies, in numerous Health & Safety prosecutions, many of those being prosecutions on indictment in Sheriff and Jury proceedings. In the majority of cases, we are contacted immediately after the incident to represent the client’s interests during the HSE investigation.
- Corporate culpable homicide cases
Instructed currently in four potential corporate culpable homicide cases.
Instructed in respect of fatalities where either Fatal Accident Inquiries and/or Health & Safety prosecutions have followed. Examples include:
- high-profile Fatal Accident Inquiries (including a school coach crash and diving fatalities)
- accidents in the agricultural, marine, construction and industrial spheres, including crushing injuries, electrocutions, falls from height and other work related fatal accidents
- road traffic accidents
- Working with a range of stakeholders
In each, our team worked closely with the clients as well as with regulatory investigators (including the police, HSE, SEPA and MCA) and the Crown, with a view to early identification of areas of dispute and resolution of matters where at all possible.
- Health and Safety offences
Acting on behalf of directors, sole traders and individuals facing investigation and prosecution for various Health & Safety offences.
- Reviewing policies
Reviewing policies on behalf of various clients, including Registered Social Landlords in relation to Health & Safety Policies and policies regarding the use of vehicles at work.
Regular training for corporate clients and insurers on health and safety compliance.
"...first-class service... "The Legal 500
"good communication and excellent relationships with stakeholders."Chambers UK
"distinguished by its... combination of technical mastery with commercial realism. "The Legal 500
"extremely approachable and pragmatic."Chambers UK
"ability to understand the intricacies of a case. "The Legal 500
"It has an excellent relationship with the HSE"BTO Client
"What's great about them is that they are a team, and they communicate with each other very well. "BTO Client
"The greatest strengths of bto are consistency, transparency and communication throughout all levels."BTO Client