level-headed

and

pragmatic"

Chambers UK

Fiona Canby

Fiona Canby

Profile

Fiona Canby is a leading junior for health and safety. She also specialises in coroners and inquests, credit hire, insurance and personal injury.  She has been recommended in the legal directories for her work in health and safety since 2007.

From October 2010 to March 2011 she acted on behalf of Transport for London (TfL) in the inquests into the London Bombings on 7 July 2005 conducted by Hallett LJ.  Over four months she carried out all of the witness examination on behalf of TfL in relation to the four bomb scenes.  She is regularly instructed in inquests arising out of road traffic accidents; accidents at work and prison/custody/detention deaths.  She is well versed in the conduct of jury and Article 2 inquests.

She has over ten years of experience in credit hire cases, almost exclusively for the Defendant. She has particular expertise in illegality arguments, having argued successfully for a claim for hire charges of £51,000 to be struck out on the basis of illegality.

In relation to her health and safety practice, she acts exclusively for Defendants in criminal proceedings. She acts for all types of employer from major corporations to small family run businesses. She has particular knowledge of the transport industry (rail; underground and surface transport); construction; manufacturing; glass and glazing; agriculture; packing; manual handling and work at heights. Her clients have included Amey Rail; Balfour Beatty Rail and Costain.

She is currently being led by Andrew Prynne QC in two multi-million pound claims for damage to train and track following road vehicle incursions onto the railway.

She also acts for both Claimants and Defendants in most aspects of personal injury and fatal accident claims. She is experienced in all types of road traffic accidents including exaggerated; contrived; staged; slam on; low speed impact and phantom passenger claims. Her cases also include highways claims, employer's liability; occupier's liability; claims against schools and holiday claims.

What the Directories say

  • Leading Junior for Health and Safety, Legal 500 2011: "thinks on her feet and is always on the ball."
  • Leading Junior for Health and Safety, Chambers and Partners 2011: "a confident performer with a pleasant demeanour."
  • Leading Junior for Health and Safety, Legal 500 2010: "Fiona Canby and Tim Sharpe 'are no longer rising stars but fully fledged stars.'"
  • Leading Junior for Health and Safety, Chambers and Partners 2010: "Although Fiona Canby is more junior than many of the others featured in the tables, she has proven herself in a number of notable matters in recent years. Portrayed as being 'as industrious a worker as you are likely to find', she is popular among interviewees for her 'level-headed and pragmatic way of dealing with contentious issues.'"
  • Leading Junior for Health and Safety, Legal 500 2009: "Rising star".

Notable Cases

  • Inquests into the London Bombings of 7 July 2005 (Inner West London Coroners Court) (2010): acted on behalf of Transport for London. 
  • R v Amey and Others (Central Criminal Court) (2006): acted on behalf of Amey in the s3 HSWA prosecution arising out of the Southall East derailment. Led by Ian Burnett QC.
  • R v Balfour Beatty (Court of Appeal) [2006] EWCA Crim 1586; The Times, July 18, 2006: acted on behalf of Balfour Beatty in their successful appeal against sentence in respect of the Hatfield Train Crash. Led by Jonathan Caplan QC and Gerard Forlin.
  • R v Balfour Beatty and Others (Central Criminal Court) (2005): acted on behalf of Balfour Beatty in the prosecution arising out of the Hatfield Train Crash. Section 3 HSWA and corporate manslaughter. Led by Ronald Thwaites QC, Anthony Seys-Llewellyn QC and James Ageros.

Memberships

PIBA

Health and Safety Lawyers' Association