Scottish Sentencing Guideline comes into force
Ann is a Legal Director who is part of Clyde & Co's Safety, Health and Environmental (SHE) Regulatory team.
Ann is based in Glasgow and deals solely with regulatory and road traffic criminal prosecutions and health and safety investigations. Having specialised in regulatory law for the past 10 years Ann has gathered a wealth of experience representing clients in prosecutions, fatal accident inquiries and public inquiries.
She appears regularly in the Sheriff Courts all over Scotland representing clients in summary and solemn cases. Ann has successfully conducted a number of jury trials and has proved herself to be a talented litigator with an excellent success record.
Ann speaks regularly on health and safety topics and provides training to a number of clients. She is a member of the Health and Safety Lawyers
Rosepark Nursing Home Inquiry. Ann was a member of the team who represented the owners of Rosepark Nursing Home. A fire in their premises in 2004 resulted in 14 deaths. Initially the company and its members were to be prosecuted. The case went to appeal and thereafter to the nobile officium. Ultimately a Fatal Accident Inquiry was conducted taking several months to conclude.
Fatal Accident Inquiry into the deaths of Ann, Niamh and Ciara Copeland. Ann was involved in a long running Fatal Accident Inquiry into the deaths of a mother and her two children on the A92 road from Johnshaven in January 2008. The Inquiry ran for several weeks and considered the requirement for mobile cranes to be subject to an MOT Certificate. Recommendations in that regard were made following the Inquiry.
HMA –v- R S Henderson. Hendersons were charged on Indictment with breaches of health and safety legislation when an employee was fatally injured unloading a forklift from a flatbed lorry in Unst in Shetland. The case was heard by a jury and the accused company was acquitted.
HMA –v- Alistair Mackintosh. Mr Mackintosh was charged under Section 2B of the Road Traffic Act, causing death by careless driving when his vehicle collided at a 90° angle with a vehicle which had stalled on the carriageway. The driver was fatally injured. Ann represented the accused at trial in Inverness Sheriff Court which lasted several days at the end of which the jury acquitted Mr Mackintosh.
HMA –v Fergusson Distribution Limited. Fergusson Distribution Limited pled guilty to breaches of health and safety legislation when one of their managers was fatally injured crossing into a site forecourt. Following the plea in mitigation the Sheriff requested proof in mitigation in respect of the company’s finances. Ann carried out the plea in mitigation and the proof in mitigation securing an excellent result for the company.
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