Neil is regularly instructed by insurers and corporate bodies to represent companies, businesses and individuals, in investigations and prosecutions arising from serious road traffic collisions and work place incidents often involving multiple fatalities and serious injuries. These cases regularly involve multi-million pound reserves.
Neil has extensive experience of defending the most serious cases including:
- Prosecutions arising from breaches of S2, 3, 7 Health and Safety at Work (etc) Act 1974
- Causing Death by Dangerous Driving
- Causing Death by Careless Driving
- Causing Serious Injury by Dangerous Driving
- Environmental offences
He regularly appears as an advocate at:
- Interviews under caution conducted by Police, HSE, Local Authority
- Magistrates' Courts
- Coroner's Courts
As well as running cases at the Crown Court, involving complicated technical and expert evidence including, collision investigation, cell site analysis and toxicology.
He is regularly requested to present training on the impact of criminal investigations and proceedings on both claims and business operations.
Additional to his work at DWF, Neil sits as a Judge of the First Tier Tribunal.
Road Traffic Cases
- R v B – Defence of a tractor driver for Causing Death by Dangerous Driving. The prosecution case was that the condition of the agricultural equipment was dangerous. The defence established that the design was defective and this would not be obvious to a competent and careful driver.
- R v K – Defence of lorry driver at the Old Bailey for Causing Death by Careless Driving following a collision with a cyclist. The case attracted national media attention. The defence involved expert evidence in relation to the road, where an engineered pinch point for vehicles corresponded with the end of a cycle lane creating an area of conflict.
- R v M – Defence of a teenage driver for two counts of Causing Death by Dangerous Driving, when she was engaged in a mobile phone call without a hands free kit. The defence established that the collision was inevitable due to poor lighting at the location and the presence of oncoming vehicle headlights; her standard of driving not being causative of the deaths. The case attracted national media attention.
- R v H – Defence of a tractor driver for Death by Careless Driving after he turned right across the path of an oncoming motorcyclist he had failed to see despite the driver behind seeing them. Defence expert evidence established that the view from the raised tractor cab meant that the motorcyclist was hidden in an area of tree shadow, whereas for the car driver behind, the motorcyclist was visible against the background of a blue sky.
Health and Safety Cases
- R v C – Defence of a company following the explosion of an expansion vessel in a heating system during upgrading works, resulting in one fatality and multiple serious injuries.
- R v M (1) and M (2) – Defence at trial of a farming partnership following an injury to an employee sustained in a logging operation. The defence established that the prosecution relied upon expert evidence from a witness who was not competent in arboriculture. Other issues concerned the exercise of S20 powers to compel the disclosure of evidence from the defendants once criminal proceedings had commenced.
- R v M – Defence of a store manager following an above knee amputation suffered by an employee in an incident with a forklift truck. The defence involved bad character evidence of the injured party and key witness as to previous incidents of dishonesty and the credibility of their accounts of how the injury actually occurred.
- R v G – Defence of individual following the death of an employee following a fall from height at a family farm.
- R v P – Defence of family company following the death of the owner of the company in an insufficiently supported trench whose side collapsed in heavy rain.
- R v M – Defence of partners in a partnership following an employee suffering serious injuries after a fall from height in a shop stockroom.