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Susan Dearden

Partner
Susan Dearden

I represent clients facing prosecution, inquests or civil claims arising from health and safety or environmental issues. I also work for public sector clients, in particular in relation to housing issues and judicial reviews. I am a specialist grade member of the International Institute of Risk and Safety Management and a CEDR accredited mediator.

Tel: +44 (0)121 685 2957
Email: susan_dearden@wragge.com

Services: Dispute Resolution
Business sectors: Aerospace and Defence, Automotive, Aviation, Central Government, Healthcare, Local Government, Retail

While civil claims are part of this work, most of my time is spent in trying to avoid criminal prosecution of clients by working with them when under investigation by the Health and Safety Executive, local authority, Environment Agency or police. We assist clients in interviews, devise early strategies for dealing with an incident, help them through inquests in fatal accident cases, and defend clients in magistrates' or crown court proceedings when proceedings do ensue.

Best brains in ...

Strategy and ways of achieving the desired end for clients. This has helped many clients for example to avoid prosecutions and also to achieve resolution of disputes without litigation.

Highlight of your career so far?

There are so many - I love this work! Examples include being instructed by a client who came to us after conviction and a fine of £400,000 for a pollution incident which I managed to reduce to £50,000 by pursuing an appeal. I also recently secured for a client, who was initially advised by a barrister to expect of fine in the region of £1 million following a serious fatal accident, a fine of £90,000.

I was the advocate at the inquest concerning the death of 14 servicemen on a Nimrod which crashed in Afghanistan, on behalf of the aircraft service engineers. I was successful in that case in obtaining an exonerating statement for the client from the coroner and keeping our clients names entirely out of the widespread press coverage.

Most challenging job you've ever done?

All criminal work is challenging - I wouldn't entrust it to a lawyer who didn't throw heart and soul into the defence. Sometimes the challenge is very personal with a director or manager facing prison for a company's health and safety breach. Sometimes the challenge is to keep a fine imposed within manageable levels. Fines are increasing and can effectively strip a company of its profits for a number of years, or in some cases put it out of business.

What about outside the UK?

I can only practice within England and Wales as a litigator, though the clients referred to me are frequently owned by US or European corporates. I have advised an aircraft manufacturer facing significant litigation in the US, through a UK inquest arising from the death of all on board one of its jets which crashed on take off at Birmingham International Airport. I also defended a French national through criminal proceedings brought against him following a fatal accident in the UK (he was acquitted), and, at another inquest assisted a US national through proceedings where the family of the deceased wanted him held personally accountable for the fatality that had occurred. My representations on his behalf led to a verdict of misadventure and I achieved his safe return to the US without action. I have also advised non-UK-based companies looking at selling up business in the UK on obligations and potential liabilities arising from breach of health and safety and environmental regulations, and of course on minimising those risks.

What's your definition of going the extra mile... And when have you done it?

Criminal advice is usually urgent - I've advised from holidays, from home, during weekends and at night. I left a dinner in a ball gown to go and get one client out of prison in Leicester, and offered to take another home with me to provide him with UK accommodation (he was a French national) to persuade magistrates to keep him out of remand in prison pending trial. I care very much about the clients I represent. If I'm needed, I will do everything I can to be available and to protect their interests.

Best example of a creative legal solution?

There are many instances where I have suggested to a very guilty client that we go on the offensive with a prosecutor rather than waiting for the inevitable prosecution, and helped them to make a positive admission in the context of a full explanation of why the incident will not be repeated, which has led to a caution or no action being taken, rather than a prosecution. On the civil claims side, I think one of my great successes was for a leading food manufacturer who was without insurance for a mesothelioma claim arising (as is the way with asbestos disease) many years after the claimant's employment with it. The client came to me with a claim worth more than £250,000 which it could see no alternative to paying. I persuaded a public liability insurer, who was at risk for a period of six months many years after the potential asbestos exposure, to indemnify the client for 50% of the claim made, and reduce the liability for the claim in any event to below 20% by seeking out and involving other employers. For another very significant food manufacturer facing a multitude of food poisoning claims, I drafted precedents for it to respond to early letters of complaint and devised a strategy for managing volumes of claims without litigation and very significantly reducing costs. The solution has been incredibly successful, giving it complete control of the claims made. I've compared claimants' costs in those cases to average claimants' costs for similar valued claims with an insurer, and it has reduced costs by at least two thirds. A very tangible result.

When have you ever given a client a real competitive edge?

Many times. Because of our experience in health and safety, I often help corporate colleagues in due diligence exercises where explaining excellent health and safety record, systems and procedures is a real selling point for them.

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

In criminal cases I want to put a client's case forward with passion and conviction. I always go and see the client, their premises and really get to know them. It is absolutely vital that I fully understand a client's business and the context of an incident that has occured so that I can answer any question that a magistrate or crown court judge might raise. For me this is never a paper exercise.

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

I ran a beaver scout colony for five years for children aged six to eight years and was the assistant district commissioner for Beaver Scouts for two years. The Scout movement is great for cutting through cultural and socio economic barriers. The kids had a great time and I enjoyed getting them involved in all sorts of activities and experiences they would not otherwise have tried. I'm also heavily involved in the Birmingham Suzuki violin group, organising fundraising events and an annual four-day residential course. The music is a great leveller - talent comes from all walks of life regardless of creed or colour. The one connection between the children is the music, and wow do we have some great young musical talent around. Most recently I have become involved in visiting a local children's hospice and care homes with my lovely dog, he's the distraction, not me, but I enjoy the happiness he brings.

I frequently provide pro bono training to try and help clients avoid getting into situations which might lead them into prosecution, but more importantly helps them to keep their workforce and others as safe as possible.

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

One client likened me to 'Superwoman' though regrettably it was a reference to speed of response to a cry for help rather than to my hourglass figure! I also received an email at the end of a criminal case which said "from our first meeting with Sue, she inspired our trust and complete confidence. It was like having a warm arm being put around us, we are overwelmingly impressed... superb service... highest class of professional expertise in which our need for dispassionate, supportive and comprehensive advice has been provided consistently in a climate not only demonstrating commercial understanding but also understanding the personal tragedy and grief behind the opposed interest of those involved". In that matter I was not just proud of the feedback but also of what I was able to achieve in working with our client to change their approach to health and safety and to mitigate a serious accident which led to our introduction.

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.

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.

04.07.11

Taking the heat - a practical look at the impact of the Regulatory Reform (Fire Safety) Order 2005

When assessing risks associated with fire, the immediate concern is often the potential loss of life. Corporate manslaughter or gross negligence manslaughter charges can follow if death occurs due to corporate or individual gross negligence.

20.04.11

Wragge & Co appointed to Croydon Council full-service legal framework

Wragge & Co has boosted its public sector credentials by securing a place on a new legal framework for London's largest borough, London Borough of Croydon.

13.04.11

Before you take the plunge. Managing the costs of dispute resolution - Part 2. Help I need somebody - is third party funding the answer?

For claimants that cannot afford to pursue a valid claim or have the resources but simply want to avoid the cash flow and/or costs risk of funding a piece of litigation, third party funding may be a viable option.

11.06.10

Failure to settle can have significant costs consequences

Failure to make settlement offers or negotiate with an opponent at an appropriate time in the proceedings can lead to the defaulting party being penalised in costs.

25.05.10

Local authority litigation update

With cuts to public spending high on the current political agenda, the focus on litigation issues for local authority in-house lawyers increases too.

05.05.10

Construction fatal accidents: directors beware?

Directors of construction companies should take note that the current Government has accepted several recommendations in Rita Donaghy's report, "One Death is too Many", on construction fatalities.

11.02.10

Not so fine! £500,000 fine for corporate manslaughter and £100,000 fine for health and safety offences causing death.

Fines of seldom less than £500,000 and £100,000 respectively will be handed out to organisations guilty of corporate manslaughter and health and safety offences causing death under the Sentencing Guidelines Council's guidelines published on 10 February.

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.

01.10.09

Supreme Court replaces House of Lords: practical points to note

On 1 October 2009 the Supreme Court will assume the judicial role of the House of Lords. New rules governing the practice and procedure to be followed in the Supreme Court have been published in the Supreme Court Rules 2009.

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.

01.06.09

No liability for employer for work equipment not within their control

In the case of Smith -v- Northamptonshire Council the House of Lords decided that equipment supplied by a third party and not within the control of the employer, should not be considered to be "work equipment" and "provided for use at work".

04.03.09

Litigation survival guide - part 6. Regulatory breaches - steps in the right direction

We live in an ever more regulated age. European and global markets are increasingly regulated and this trend looks set to continue.

24.02.09

Guilty until innocence proved for health and safety breaches

Following the decision of the House of Lords in R v Chargot Limited and Others, it has never been more important for companies and company officers to take health and safety seriously.

11.12.08

When will you be liable for the actions of independent contractors?

The normal rule is that a company is only vicariously liable in negligence for the acts of its employees and not for the acts of the employees of any independent contractors.

13.12.07

Protection from Harassment Act and claims against employers

A Court of Appeal decision in Conn v Sunderland City Council may reign back the flurry of claims brought under the Protection from Harassment Act 1997 (PHA).

25.10.07

No room for complacency in manual handling operations

The fact that similar operations involving heavy equipment have been carried out many times without injury does not demonstrate that risks are at the lowest practicable level.
 

Press releases

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 Susan Dearden.

 

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