Defensibility/HSE – Managing a Crisis

12/06/2024 | Online Zoom Conferencing

Navigating the intersection of Crisis Management and Defensibility is crucial for organizations, as they grapple with escalating penalties for health and safety offenses and the imperative of robust processes to shield against civil claims. In this Market Briefing, Clyde and Co will explore:

Crisis Management
Where organisations are convicted of health and safety offences, the range of sentences now available to the courts are “eye-watering” and individuals prosecuted and convicted of health and safety offences are now liable more than ever to custodial sentences. Whilst prevention is always better than cure, the practical reality is that any incident that will potentially trigger a regulatory investigation should be treated as a crisis and managed appropriately.

Having the right processes in place is vital to the successful defence of civil claims brought against a business. We will consider what a good defence looks like in practice to enable you to have a discussion with your clients.

Learning Objectives

At the end of this session, delegates will be able to:

  • Describe the risks and consequences of HSE investigation or prosecution.
  • Explain successful risk navigation
  • List points learned in dealing with regulators

About the Presenters

Matthew Harrington, Partner

Matthew Harrington is a partner supporting our teams nationwide who sits on a number of our executive boards and committees. He has been invaluable in shaping the firm’s development, partnerships and cultural strategies and is heavily involved in leading and coordinating the casualty group’s growth, sustaining the firm’s position as a leading provider of insurance law services.

Specialising in health and safety, environmental law, food hygiene, crisis response and accident investigation, his experience is considerable and varied. Matthew represents a spectrum of clients in the private and public sectors including both corporates and individuals.

Henry Kirkup, Partners

Henry Kirkup leads the general liability team at our Leeds office. He is the contact partner for a number of leading insurers, managing agents, brokers and corporate clients. Henry advises his clients on a large number of high-value claims which involve chronic pain, severe head injuries, brain injury, and serious spinal damage.

He leads a growing team of highly respected lawyers who provide a range of insurance expertise in catastrophic injury claims, coverage issues and regulatory matters. Henry is highly regarded by his clients for his work in this practice area and over the last 10 years he has consistently featured in the legal directories. Henry is a regular speaker at health and safety events.

James Harvey, Partner

James Harvey is a specialist defendant insurance lawyer who advises on employers’, public, and motor liability. He acts for clients in various sectors, including facilities, retail, leisure, manufacturing, and construction.

James’ clients include numerous major public companies and composite insurance companies. He considers claims issues and advises on risk management to avoid and mitigate future incidents. A skilled presenter, James regularly delivers training sessions to clients and speaks at industry events.