Karen Railton

Karen specialises in the defence of individuals and organisations in relation to Health & Safety investigations. She is head of the Regulatory SHE Advisory Team in Scotland.

She has over 15 years’ experience advising clients across a range of sectors including construction, manufacturing, transport and logistics, and public sector dealing with complex fatal matters requiring highly sensitive care. She also defends organisations and individuals in relation to serious and fatal road traffic accidents that result in the prosecution of drivers.

Karen also advises on the impact of criminal proceedings on associated civil claims.

In addition to defending cases in court, Karen regularly delivers training and presentations on all aspects of Health & Safety law at sector events and creates bespoke training packages that are rolled out to organisations promoting behavioural safety within their businesses.

Relevant experience includes:

• Successfully persuaded the prosecution to take no proceedings against a large construction company in relation to a fatal accident on site investigated and reported to the Crown by the Health & Safety Executive.
• Representation of a large manufacturing company in relation to the defence of a prosecution of them following a SEPA investigation into a diesel spill into groundwater. Novel legal argument was presented by the legal team in relation to the strict liability nature of the charge and the issues surrounding the spill, over which the company had no control, resulting in the company receiving an absolute discharge from the court.
• Representing a medic at a fatal accident inquiry where the procedures for treatment and actions of the medic in his dealings with the deceased was being criticised by those representing his family. Following the inquiry and submissions by Karen, there was no issue found with the procedures, process and actions of the medic concerned.
• Successfully representing the driver of an HGV involved in a collision whereby his vehicle tipped, landing on a vehicle travelling in the opposite direction. Significant technical investigation was carried out in relation to braking valves and rollover points and after successful cross examination by the defence team, the charge against the driver relating to the collision was found not proven.
• Successfully defending a driver on a charge of causing death by careless driving. This required extensive cross examination of expert witnesses in relation to visibility issues, reaction times and stopping distances of vehicles.

Karen is highly thought of by insurer and corporate clients, one such client describing her as 'resilient, capable, articulate and a pleasure to work alongside.' She is the requested solicitor and allocated contact for many corporate clients and insurers alike. She consistently achieves exceptional results and is their trusted advisor on all matters relating to health & safety.