Bevan Brittan - People

Senior Associate
Medical Law and Personal Injury

�I wanted to let you know what a first class service we have had from Duncan Astill. This is at every level in the organisation from me right through to the staff who were called to give witness statements. The support he has given us has been excellent.� Moira Dumma � Chief Executive at South Birmingham PCT

Duncan specialises in Regulation and has particular experience in Health and Safety Prosecutions, Inquests, and Judicial Review litigation.

My Background
Worked for an NHS Trust dealing with complaints and litigation whilst completing my LPC. Trained with Nelsons and qualified in 1999. Joined Bevan Brittan on qualification in 1999. Senior Associate in 2008.

What I do
I advise clients proactively on good health and safety management and governance arrangements and provide training in this area. I support them during regulatory investigations, at interviews under caution and in the Magistrate�s Court. I have represented clients as their advocate in numerous Inquests and Article 2 Inquiries relating to deaths in custody.

In addition I advise NHS clients on medico-legal issues, including clinical governance, consent and confidentiality and the court processes in which healthcare professionals may be involved. I have a particular interest in the legality of commissioning decisions and interventions not normally finded.

Some examples

� Representing and advising a client during Police and HSE investigations into a workplace fatality following a fall from lifting equipment. Advising on the prospects of manslaughter charges, appealing enforcement notices and preparing for the Inquest.

� Advising a Regional Airport in respect of an HSE investigation into a serious incident involving mobile access platforms.

� Represented a PCT client in respect of a legal challenge to their decision not to fund Herceptin treatment � R (on the application of Rogers) v Swindon NHS Primary Care Trust and another, Court of Appeal, Civil Division.

� Representing a client at an inquest concerning the collapse of an operating table during heart surgery.

� Advising large International Contractor on a commercial dispute arising out of a failure to comply with Health and Safety legislation.

� Supporting a client through an interview under caution with the Environment Agency in respect of alleged breaches of their registration under the Radioactive Substances Act 1993.

� Representing Glass contractor during HSE investigation into a death following a fall from height.

� Defending a client being prosecuted by the Environment Agency for an alleged breach of his waste license.

� Drafting and advising on the management of Health and Safety in the Workplace and drafting policies such as, Stress, Joint Working, Asbestos, Legionella and Driving at Work etc.

� Undertaking Governance audits and assisting clients with improvements to their management processes.

� Providing training on health and safety and on the implications of the proposed offence of corporate manslaughter.

Contact me via email duncan.astill@bevanbrittan.com or on 0870 194 8958.