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Andrew Litchfield

Partner
Andrew Litchfield

A partner in the regulatory litigation practice. I advise clients on the realities of criminal prosecution for a variety of offences including health and safety, environment, food safety and trading standards.

Tel: +44 (0)121 685 2780
Email: andrew_litchfield@wragge.com

Services: Dispute Resolution, Insurance, Construction
Business sectors: Aerospace and Defence, Automotive, Aviation, Energy and Regulated Industries, Food and Drink, Healthcare, Retail

Best Brains in

Understanding the Regulator's Agenda and using it to the client's advantage.

What's the highlight of your career so far?

Representing a major food manufacturer throughout a lengthy and highly complex investigation, and the subsequent prosecution following a food contamination problem. The challenges posed by the various parties, their representatives and experts were many and varied. Navigating the case through to a conclusion which best suited our client was very satisfying.

Most challenging job you've ever done?

We took over a product liability claim involving a product manufactured in eastern Europe by a state manufacturer. Seven years before it was alleged to have caused a serious and distressing car crash. Evidence gathering so long after the event across Europe was difficult. The balance of the expert evidence was against us and the court's sympathy was very much with the claimant who had suffered catastrophic injuries. We put forward our case based firmly on the evidence and negotiated a great result for the client without the need to go to court.

What about outside the UK?

International clients often need help with the UK regulatory landscape including issues such as who prosecutes what, where and why, what sanctions are available and how the regulatory risk can be managed.

An example of your great client service?

Dropping everything to attend site to prepare for the visit of the enforcing officers. They had the power to shut the factory and with it the business. Seven officers turned up every day for the next week. We were working to produce the information the officers needed, explain it to them, set it into context and then debrief head office afterwards. I had to remind the factory manager to stop work and remember to eat. In the end, the factory remained open and the enforcing officers thanked us for the way we handled the investigation.

Best example of a creative legal solution?

In a case involving twin prosecutions in different courts, we worked with both prosecutors and the courts to combine cases so that sentence could be passed by one judge in one hearing. By doing so the whole procedure was quicker, saved costs and reduced the potential for negative publicity.

How do you get under the skin of a client's business?

It is impossible to advise a client on how to deal with a regulator without gaining an intimate knowledge of the business and what makes it work. Only then can an assessment be made about whether to fight the authorities every step of the way, or manage the process with an eye on the ongoing relationship between the two. Every job we do involves gaining an understanding of the client from top to bottom, which is the only way to help clients as they expect and by far the best part of the job.

What's your single greatest contribution to Wragge & Co's corporate responsibility?

I have spent my career dealing with the aftermath of serious accidents, whether they be health and safety or environmental. I am in a good position therefore, before the event to explain to people the consequences if things go wrong, or if these issues slip down the agenda. I am able to say that I hope never to be instructed by a client after the event and no one would be happier if all my work became prevention rather than clearing up.

What's been written or said about you that you're most proud of?

'I have found Wragge & Co to be a first class company to deal with. Their professionalism and consideration on all matters has been a very great comfort and in particular Mr Andrew Litchfield is a solicitor of consummate skill combined with a very human touch. I would have no hesitation in recommending Wragge & Co to anybody requiring the very best'. Rick Valantine, MD Anvil Alloys International Ltd.

Alerts

29.11.11

Reclaiming health and safety for all – lessening the burden

The Löfstedt Report on health and safety legislation was issued yesterday, along with the Government's response to it.

23.11.11

Before you take the plunge. Life after breach - Part 4. It wasn't me

Could you be held liable for the fraudulent actions of another? If you are an employer and one of your employees is involved in fraudulent activities, then yes.
 

26.10.11

Have you got it covered? The consequences of regulatory non-compliance. Part 4 - costs and cuts: the future of health and safety

In a recession-struck world, costs are going up and cuts are hitting us all, not least in the budgets of the regulators. Regulators are quickly turning to new ways to recoup their outlay and, simultaneously, legislation is under review. The landscape of health and safety is ever changing.

19.10.11

Have you got it covered? The consequences of regulatory non-compliance. Part 3 - what to do about Enforcement Notices

If the Health and Safety Executive or Local Authority forms the view that you are contravening a statutory provision, or that a breach is likely to continue or be repeated, they can issue an immediate Improvement Notice.

12.10.11

Have you got it covered? The consequences of regulatory non-compliance. Part 2 - voluntary PACE interviews: don't throw caution to the wind

In this, the second part of our series on 'Have you got it covered? The consequences of regulatory non-compliance', we consider what powers of arrest the police possess and what you can do if you are arrested on attending voluntarily for interview.

05.10.11

Have you got it covered? The consequences of regulatory non-compliance. Part 1 - eternal punishment?

In this, the first part of our series on "Have you got it covered? The consequences of regulatory non-compliance", we consider the ongoing impact of cautions and convictions on corporate offenders and suggest how the impact of such enforcement may be lessened.

22.08.11

Ensuring safety: the Court of Appeal clarifies issues of foreseeability and causation under the Health and Safety at Work etc Act 1974

The Health and Safety at Work etc Act 1974 is approaching its 40th birthday. It continues to form the bedrock of UK health and safety law, yet its two most important sections (Sections 2 and 3) have been the subject of analysis in several cases in the last three years.

02.08.11

The nuts and bolts - part 8. What goes up must come down...safely

Working at height continues to be a top priority for the Health & Safety Executive (HSE) and falls from height remain a major problem. In 2008/2009 more than 4,000 employees (including in the construction industry) suffered a major injury as a result of a fall from height.

14.02.11

Reminder: HSE commences unannounced inspection visits to construction sites

Following an announcement from the Health and Safety Executive (HSE), starting today - for the next month - the HSE will be carrying out unannounced visits to construction sites across the country.

01.02.11

Update: Bribery Act delayed

Dealing with the impact of the Bribery Act is high on the agenda of many organisations. The Act was due to come into force in April 2011. However, we understand that the Ministry of Justice has now confirmed that implementation of the Act will be delayed.

16.12.10

Food for (serious) thought: Food hygiene rating scheme launched

Reputation is crucial in the food sector. Food outlets should therefore take a close look at the new Food Hygiene Rating Scheme for England, Wales and Northern Ireland launched by the Food Standards Agency (FSA) in partnership with local authorities.

20.09.10

The Bribery Act

The Bribery Act is coming. Are you ready? Andew Litchfield looks at the new Act.

21.07.10

The importance of compliance after Buncefield

There doesn't have to be a fatal accident for a large fine to be imposed on an organisation for breaches of duty relating to health, safety and environmental law.

31.03.10

Limiting the spread of contamination... and its legal consequences

Most people are aware that it's a criminal offence to cause or knowingly permit pollution to occur. But it's not just a prosecution by the Environment Agency that companies need to be concerned about.

16.12.09

A guide to health, safety and other prosecution risks - part 14. What will the future look like?

If only we knew for sure! What we do know is that in the area of regulatory enforcement the last couple of years have brought great changes – new legislation, new case law and a new political emphasis. This trend is set to continue.

09.12.09

A guide to health, safety and other prosecution risks - part 13. PACE interviews - a word of caution

Following an incident, if the regulator believes an offence has been committed, a request for an interview under caution pursuant to the provisions of the Police and Criminal Evidence Act 1984, often referred to as a "PACE interview" may be made.

02.12.09

A guide to health, safety and other prosecution risks - part 12. When the summons hits the fan....

Accidents happen: it's a fact of life and business. No matter what an organisation does to prevent an accident, or to deal with the aftermath to prevent a re-occurrence, there may be situations where a prosecution will still be brought.

25.11.09

A guide to health, safety and other prosecution risks - part 11. There's a rat in the kitchen, what am I gonna do?

Any business involved in the manufacture, preparation, storage, service or sale of food, even if only in the staff canteen, needs to be aware of and deal with the vast array of regulation with which it is required to comply.

18.11.09

A guide to health, safety and other prosecution risks - part 10. ...as we protect those who trespass against us...

To what extent do trespassers need to be warned, protected, or prevented from coming onto property that might cause them harm?

11.11.09

A guide to health, safety and other prosecution risks - part 9. Driving in the course of employment - are you in the driving seat?

Approximately 20 people are killed and 250 seriously injured every week in crashes involving someone who was driving or otherwise using the road for work purposes.

04.11.09

A guide to health, safety and other prosecution risks - part 8. Total recall - dealing with a defective product

Wragge & Co's health and safety experts pose some essential questions for producers and/or distributors to consider and suggest some steps to take should a risk to consumers arise.

28.10.09

A guide to health, safety and other prosecution risks - part 7. Fit for work: the impact of 'fit note' proposals upon accidents in the workplace

172 million days were lost in 2007 due to sickness absence in the UK - equating to about 2.6% of working time. Of those days, 34 million were lost due to work-related illness.

21.10.09

A guide to health, safety and other prosecution risks - part 6. Guilty without trial: the scourge of Enforcement Notices

The possibility of a prosecution for breach of regulations is at the forefront of every employer's mind when under investigation.

14.10.09

A guide to health, safety and other prosecution risks - part 5. Pollution - spills do not lead to thrills

Pollution can arise from the most innocuous of situations and strike without any warning. The consequences can be severe, not just for the environment and any creatures or habitat affected by the pollution, but also for those found to be responsible.

07.10.09

A guide to health, safety and other prosecution risks - part 4. Accident investigation - learning from the error of your ways

We all know that accidents do happen from time to time. Immediately after an accident or near miss there is a perfectly natural desire to understand what happened, why and how it can be prevented from happening again.

30.09.09

A guide to health, safety and other prosecution risks - part 3. An inspector calls....HELP!

The Health and Safety Executive (HSE), local authority or environment agency can turn up at your premises at any time. Following a report of an incident or accident, you can expect a regulator/authority visit – and the police if there has been a fatality.

23.09.09

A guide to health, safety and other prosecution risks - part 2. The Grim Reaper - points to consider when an accident has fatal consequences

Let's put this in perspective. Fatal accidents in the workplace are rare - 180 in Great Britain in 2008/9 and most arise in agriculture and construction. Because they are uncommon, and unexpected, organisations are often not sure how to respond.

16.09.09

A guide to health, safety and other prosecution risks - part 1. The blame game - personal liability of directors and officers

Corporate offences are usually strict liability. This means there is no need for the prosecutor to prove that the offence was committed deliberately or even negligently.

12.08.09

Remediation and liability: do it safely or else

The High Court decision in Corby Group Litigation v Corby District Council highlights the importance of ensuring that organisations, including local authorities and developers, take the issues of land remediation and environmental health seriously.

24.04.09

Corporate manslaughter

The first prosecution under the Corporate Manslaughter and Homicide Act 2007 has sent a strong message to organisations, fail to provide a safe working environment and end up charged.

20.04.09

Further judicial guidance on the employment status of casual workers

In the case of R v Pola, the Court of Appeal has provided further guidance as to when a casual worker will be considered to be an employee for the purposes of the Health and Safety at Work etc. Act 1974 (the 'Act').

27.03.09

Striking up a partnership: the Regulatory Enforcement and Sanctions Act 2008 - a summary for businesses

A key part of the Regulatory Enforcement and Sanctions Act 2008 is due to come into force on 6 April 2009.

03.09.08

Sentencing alert - time to sit up and take note

The case of R v Edeco Petroleum Services Ltd serves as a warning that a casual approach to health and safety will cost companies money.

31.07.08

Out with the old and in with the new? The Regulatory Enforcement and Sanctions Act 2008 - a summary for local authorities

Now that the Regulatory Enforcement and Sanctions Act has received Royal Assent, local authorities could soon be inundated with requests to enter into a primary authority partnership from businesses who operate in two different local authority areas.

19.05.08

Health & safety legislation alert - The Health and Safety (Offences) Bill

Employers could face the double threat of jail sentences and bigger fines for a greater number of health and safety offences under proposed new legislation. Wragge & Co's legal experts keep you informed with the facts.

31.03.08

Corporate manslaughter

Local authorities will be more vulnerable to prosecution where their actions or omissions cause a death, under new Corporate Manslaughter and Corporate Homicide Act, which comes into force on 6 April 2008.

20.03.08

Recycle, recycle, recycle

On 6th April 2008 the Site Waste Management Plans Regulations come into force. What does this mean for you?

06.03.08

Reputation, reputation, reputation

If the latest proposals by the Sentencing Advisory Panel are adopted as currently seems likely, organisations convicted of corporate manslaughter after 6 April 2008 could face a potential PR disaster.

 

Press releases

01.05.09

Introducing Wragge & Co's new partners...

Wragge & Co LLP has two new partners. Corporate recovery specialist Vicki Conway and regulatory litigation expert Andrew Litchfield both become partners as of 1 May.

18.03.09

Wragge & Co names regulatory litigation specialist as newest partner

Wragge & Co LLP has promoted regulatory litigation specialist Andrew Litchfield to its partnership. The appointment, which takes effect from 1 May, sees Andrew become the firm's 11th commercial litigation partner.

 

Published articles

There are currently no published articles for Andrew Litchfield.

 

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