Megan is a Solicitor in the Regulatory Team.
She specialises in a wide spectrum of issues including health and safety law, environmental law, healthcare, nuisance and data protection matters (including freedom of information (FOI), subject access requests (SAR) and environmental information regulation (EIR) requests (particularly in relation to the ICO)).
Megan defends organisations and individuals against regulators from the investigation stage through to prosecution and trial. She has expertise in dealing with accidents that have resulted in death and serious injury, particularly involving working at height, exposure to hazardous substances including asbestos, machinery guarding and moving machinery in a vast range of industries. She has represented clients in challenging fee for intervention (FFI) invoices.
Megan is regularly instructed by clients to undertake, assist with and advise on investigations. As part of a company investigation, Megan has been instructed to interview and take statements from relevant witnesses and prepare written submissions under caution in lieu of attendance of PACE interviews. This has been in relation to Environment Agency (EA), Health and Safety Executive (HSE) and Forestry Commission matters. Megan regularly represents clients’ interests in front of enforcement and regulatory authorities.
Megan also provides proactive and reactive advice to businesses such as nursing homes and care homes who are regulated by the Care Quality Commission. Megan also has experience in supporting clients at inquests.
Proactive and reactive advice can apply to any regulated businesses, and Megan has particular expertise in proactively supporting waste sites in managing their relationships with the EA. Megan also often advises clients in relation to compliance with their environmental permits, including revocation, suspension and various other enforcement action/notices. Megan’s experience has included assisting clients in matters relating to import and export of waste, noise pollution, fire prevention plans and environment management systems.
Megan has been involved in producing bespoke policies and procedures for clients relevant to their business, including providing guidance on new legislation. Megan also provides specialist advice on regulatory matters in corporate and property transactions, including drafting bespoke warranties and indemnities and negotiating the same. She has particular experience in advising on residential property transactions where the property has a septic tank or sewage treatment plants, and the application of the General Binding Rules.
Recent examples of how Megan has helped clients include:
- Representing a client business who was being prosecuted for a health and safety offence involving a fatality. The HSE offered no evidence against our client 4 months before trial, resulting in a ‘not guilty’ verdict.
- Advising a client individual who was under investigation of a health and safety offence following an accident on a construction site which resulted in a double amputation. After submitting written representations in lieu of attendance at PACE interview, the HSE has confirmed that no further action will be taken against our client.
- Advising a buyer in a residential property transaction which resulted in a significant decrease in purchase price due to the seller’s non-compliance with the general binding rules. The client initially was happy to go ahead with the purchase which would have likely resulted in significant costs for the client down the line.
- Assisting a client business with a Forestry Commission investigation in relation to tree felling, including drafting written submissions in lieu of attendance at PACE interview.
- Assisting a client waste business further to receipt of a suspension notice from the EA to withdrawal and proactively advising the client in relation to continued compliance with its permit.