Health and Safety LawAt Libertas Chambers, our Health and Safety barristers provide specialist representation in all aspects of Health and Safety law.
We defend both corporate and individual clients facing investigation or prosecution by the Health and Safety Executive (HSE), local authorities, and other regulatory bodies.
We appear regularly in the Magistrates’ Court, Crown Court, Coroner’s Court, and before specialist tribunals.
With backgrounds as seasoned criminal advocates, we bring courtroom rigour and strategic clarity to complex regulatory cases. We are trusted to handle the most serious, high-stakes situations where reputations, livelihoods, and even liberty are on the line.
Understanding Health and Safety Law
Health and Safety law sets out the duties of employers, managers, and organisations to protect employees, contractors, and members of the public.
Breaches can result in:
Multi-million pound fines for corporate defendants
Director disqualification
Custodial sentences for individuals
Investigations are usually led by the HSE or local authorities.
Their powers include site inspections, issuing prohibition or improvement notices, seizing documents, and bringing criminal prosecutions.
When to Instruct a Health and Safety Barrister
Our barristers provide advice and defence in a wide range of cases, including:
HSE prosecution defence under the Health and Safety at Work Act 1974
Corporate manslaughter and gross negligence manslaughter investigations
Defending directors facing personal prosecution or disqualification
Appeals against prohibition and improvement notices
Workplace fatalities and serious injury cases
Strategic advice during HSE interviews under caution
Representation at inquests and public inquiries
Liaising with insurers, crisis management teams, and company directors
We represent individuals, directors, and organisations across all industries.
Current Trends in Health and Safety Prosecutions
In recent years, the courts have imposed consistently tougher penalties in HSE cases.
Fines for large organisations often run into millions of pounds.
Directors are increasingly exposed to personal liability, including disqualification and imprisonment.
Sentencing Guidelines for Health and Safety offences (introduced in 2016) have led to higher penalties, with courts assessing culpability, risk of harm, and the turnover of the business.
Our barristers stay at the forefront of these developments, ensuring our clients receive up-to-date, strategic advice.
Why Choose Libertas Chambers
Health and Safety cases demand speed, strategy, and robust advocacy. Investigations often move quickly and attract significant media attention.
Unlike some regulatory specialists, our barristers are experienced criminal advocates, skilled in cross-examination and challenging the prosecution’s evidence. We combine courtroom confidence with commercial awareness, ensuring the best possible defence.
Our members also bring expertise in related areas such as environmental enforcement, civil litigation, employment law, and public inquiries. This multi-disciplinary approach ensures no issue is overlooked.
Representation at Inquests and Public Inquiries
We act for companies, directors, families, and public bodies at inquests following workplace fatalities. Our barristers handle these sensitive proceedings with discretion, professionalism, and a focus on protecting reputational and legal interests.
We also represent clients at public inquiries, guiding them through complex procedures with clarity and authority.
CONTACT OUR HEALTH AND SAFETY LAW BARRISTERS
If you are facing an HSE investigation, prosecution, or inquest following a workplace incident, we can help.
Our clerks are available to recommend the most suitable barrister or team for your case.
Health and Safety Law FAQs
What penalties can result from a breach of Health and Safety law?
Fines can reach millions of pounds. Directors may face disqualification or, in the most serious cases, imprisonment.
When should I instruct a Health and Safety barrister?
As soon as you receive an enforcement notice, an invitation to an HSE interview under caution, or become aware of an investigation. Early advice is critical.
Do you defend directors personally?
Yes. We defend directors and managers facing personal liability, prosecution, disqualification orders, and even custodial risk.
What are the latest sentencing trends in HSE cases?
Since the Sentencing Guidelines were introduced, penalties have increased dramatically. Courts are handing down consistently higher fines and tougher sentences for both organisations and individuals.
Can a director go to prison for health and safety breaches?
Yes. Directors can face custodial sentences if found personally responsible for serious breaches, particularly in cases of corporate manslaughter or gross negligence.
How do the Health and Safety Sentencing Guidelines affect my case?
The Guidelines require courts to consider culpability, risk of harm, and the organisation’s turnover. This often results in higher fines and more severe penalties than before 2016.
Do you provide national coverage?
Yes. Libertas Chambers barristers represent clients in courts, tribunals, inquests, and inquiries across England and Wales.