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.
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