Health and Safety

• Successfully defended the Managing Director of a manufacturing company on four counts of gross negligence manslaughter in relation to a fatal explosion in 2015.
• Represented a high-profile professional sports team in relation to a workplace fatality, including representing client at Crown Court trial.
• Undertook compliance and assurance review for national infrastructure company with regards to implementation of new operating system, including navigating complex legislative and industry obligations and requirements (including environmental impact assessment).
• Led compliance review and gap analysis for the UK's largest private student accommodation company in respect of the Building Safety Act 2022, including board presentation and liaison.
• Provided advice and guidance to a property investment company in respect of existing and prospective fire safety and building safety obligations in relation to a mixed-use building, including identifying dutyholders and reviewing relevant contractual arrangements.
• Advising warehouse-logistics company in respect of an automated collection system's compliance with relevant safety standards.
• Generally providing advice to multi-national clients in respect of the interpretation and application of the Health and Safety at Work Etc. Act 1974 and other related legislation, including gap analyses regarding management and operational systems.

Environmental

• Successfully avoided prosecution of client following Environment Agency investigation under Environmental Protection Act 1990 in respect of waste management systems.
• Advised multi-national vehicle manufacturer in respect of fuel and C02 emissions regulations and compliance within the United Kingdom.
• Advised on a high-profile international group litigation claim involving alleged pollution in the Amazon basin, including preliminary hearings in the High Court.
• Representing a large national residential housing developer in relation to a groundwater contamination case arising under Part 2A of the Environmental Protection Act 1990. The case involves civil and regulatory liabilities, as well as ongoing liaison with both environmental technical consultants and the Environment Agency.
• Provided advice to a multi-national chemical manufacturing company in respect of its decommissioning obligations under its environmental permit, including providing input into the client's financial reporting obligations in the USA.
• Successfully defended a Senior Ecologist in respect of disciplinary proceedings commenced by the Chartered Institute of Ecology and Environmental Management, in relation to ecological clearance works undertaken as part of the HS2 project.
• Advised a global commodities trader regarding the framework for the safe movement of special fissile material into the European Union, including the applicability of the Euratom Treaty.
• Advised a large national residential housing developer in relation to the allocation of liability regarding historic environmental contamination during sale and purchase of former brownfield land, including in relation to obtaining appropriate insurance.
• Regularly provide due diligence support in respect of large-scale corporate transactions, involving advising in respect of environment liabilities and issues relating to sales and purchases. Recently activity includes advising on the environmental aspects of the purchase of a large renewable energy plants and combined gas cycle turbine sites.

Product safety and liability

• Acted for a global toy and infant apparel manufacturer in respect of a defective product investigation by the Office for Product and Safety Standards, including advising in respect of the product safety notification and communications with global regulators and consumers.
• Represented global infant equipment company in respect of a product safety incident, including advising on compliance with relevant legislation, managing the proactive safety notification to the local trading standards authority, and initiating recall process.
• Secured out of court resolution to prosecution under Food Imitations (Safety) Regulations 1989 issued against one of the UK's largest high street retailers.
• Advised global beverage company in relation to an emerging product labelling issue, including advising on legal compliance issues and providing input to proposed mitigation strategies.
• Secured successful outcome for a national tower crane company in claim against supplier of defective generators.
• Represented global battery manufacturer in respect of a product liability claim, securing successful settlement of the claim prior to court proceedings being commenced.

ESG

• Advising a government ministry in relation to the environmental and social obligations to be incorporated into the finance documentation for national infrastructure projects. Included consideration of relevant guidance and principles, such as the Equator Principles.
• Advising clients in respect of the applicability of reporting requirement under the Corporate Sustainability Reporting Directive.

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• "Andrew Swarbrick has experience beyond his years. He has a strong grounding in criminal litigation, identifies the key issues in a case quickly, and understands the strategies necessary to obtain good results in high-stakes health and safety prosecutions.'" (Legal 500, UK).

• Regularly deliver webinars to client and industry professionals, including most recently regarding the Building Safety Bill and health & safety in the workplace in light of COVID-19

• Health and Safety Lawyers Association – Member (August 2016 - Present)
• Member of the Legal Sustainability Alliance