Alan Kells

Full Profile

Alan's work primarily focuses upon investigations and prosecutions relating to:

• Corporate and gross negligence manslaughter;
• Health and safety;
• Environment;
• Food safety;
• Fire safety;
• Road traffic and transport law; and
• Coroner's inquests.

This work includes providing advice from the initial incident, through interview under caution, and if necessary, to trial.                                        

As a Higher Courts Advocate, Alan has conducted a large number of trials in both the Crown and Magistrates' Courts. This gives him an enhanced understanding of the tactical approach to trial preparation, which begins at the initial investigation.  Given his advocacy experience, Alan is well placed to provide representation to clients at inquests following fatal incidents.

Experience

• Representation of senior manager during investigation and trial for gross negligence manslaughter follow double fatality at agricultural premises.
• Acting for partners of farming business following electrocution fatality involving contractor from investigation through inquest to prosecution. No further action taken by police. HSE prosecuted two partners. Case dropped against one, the other entered a guilty plea to a technical regulatory breach and received a non-custodial penalty.
• Representation of director of engineering business following fatality resulting from explosion during engineering tests. Director was interviewed under caution by the HSE with no further action taken.
• Acting for national retailer following ceiling collapse in which a staff member was injured. Expert instructed, evidence presented at interview under caution and no further action taken.
• Representing two managers of national retailer during local authority investigation following crushing injury caused by machinery. Representation throughout interview under caution process. No further action taken against managers.
• Acting for listed company during health and safety investigation by local authority following assault on staff member.
• Judicial review of local authority during health and safety investigation for national business securing the return of privileged company material.
• Acting for employee of multinational construction business during police and HSE investigation and inquest proceedings (as advocate) following a fatality on site during construction of Heathrow Terminal 5. No action taken against client and no criticism of actions at inquest.
• Representing national hotel chain in relation to food safety and trading standards allegations. No further action taken.
• Acting for HGV driver following motorway collision in which the HGV collided with the rear of slow moving traffic ahead causing life changing injuries to two of the occupants. Technical submissions on available reaction times. Client acquitted of two allegations of causing serious injury by dangerous driving.
• Representation of motorist following fatal collision with motorcycle rider whilst performing overtaking manoeuvre. Acquitted of causing death by careless driving at trial.
• Currently instructed to advise a construction company and its senior management following a fatality on site during corporate and gross negligence manslaughter investigation.