Henderson Chambers | Prashant Popat QC

Prashant Popat QC is a leading specialist in the areas of product liability, health and safety and public inquiries. He combines his work in these areas with a broad commercial litigation practice. Over the past decade Prashant has been retained in the largest and most significant cases in the field of fields of product liability and health and safety.

Prashant has represented defendants in the manslaughter and health and safety prosecutions arising from major disasters such as the Hatfield and Potters Bar derailments and the Ladbroke Grove crash and the explosion at Buncefield.

His group action expertise encompasses the: Benzodiazepine litigation, Norplant litigation, Breast implant litigation, MMR/MR litigation, Sabril litigation and the Seroxat litigation. He has also been instructed in unitary product liability cases involving both civil and criminal action.

Health and Safety

In the field of health and safety Prashant is described by Chambers and Partners as having “a strong pedigree in rail cases, and is hailed as "a fantastic writer, who is excellent at complicated legal issues. Opponents speak of him as a pleasant if redoubtable adversary" (2011) and as having "settled into the role of silk with ease after a high-flying career as a junior...a formidable opponent for anyone with ... a measured, statesman-like approach and compelling oratory." (2010)

Prashant has represented a major rail infrastructure company in R –v- Network Rail, BBRML and ors, in relation to the prosecution for manslaughter and breaches of HSWA 1974 arising from the Hatfield train crash, R –v- Network Rail in relation to the prosecution for breaches of HSWA 1974 arising from the Ladbroke Grove train crash and R –v- Network Rail and Amec, in relation to the prosecution for breaches of HSWA 1974 arising from the Southall East train derailment He has also represented a major rail infrastructure company at the Public Inquiries into Southall and Ladbroke Grove and the Inquest in relation to the Potters Bar derailment.

His non-railway health and safety work has included advising and representing one of the Defendants in relation to the prosecution following the major explosion at the Buncefield oil depot and defendants from the gas, manufacturing, mining, oil exploration, sugar refining, construction, retailing, scrap metal and agricultural industries. He is currently retained in relation to the manslaughter prosecutions arising from the Atherstone upon Stour fire.

In addition to private sector companies, he advises and represents public sector organisations in health and safety matters, including representing Hertfordshire Fire Service and the Metropolitan Police Authority in connection with HSWA investigations following fatalities.

He is a founding and committee member of the Health and Safety Lawyers’ Association.

Representative Cases

R v Network Rail [2011] (unreported) – Potters Bar sentencing
R v Hertfordshire Oil Storage Ltd and Ors [2010] EWCA Crim 493 (16 Mar 2010); Court of Appeal (Criminal Division) – Buncefield explosion
R –v- Network Rail [2008] (unreported) – Ladbroke Grove sentencing
Lin & Ors, R (on the application of) v Secretary of State for Transport [2006] EWHC 2575 (Admin) (31 July 2006); High Court (Administrative Court)

Product Liability

In the field of product liability Chambers and Partners describe him as "extremely able" and "a fine team player with commercial sense and a measured and effective court style. He leaves no stone unturned.”

His group action expertise encompasses the: Benzodiazepine litigation, Norplant litigation, Breast implant litigation, MMR/MR litigation, Sabril litigation and the Seroxat litigation. He has also been instructed in unitary product liability cases involving both civil and criminal actions, as well as advising companies on compliance with their obligations under consumer protection legislation in a variety of industries (e.g. pharmaceutical; motoring; mobile telephones).

His reported cases in this field include Court of Appeal decisions on the substitution of parties after the expiry of the 10 year long stop provided by the Product Liability Directive (Re: Horne Roberts) and the seminal costs sharing appeal (Sayers v Smith Kline Beecham) and the European Court of Justice and House of Lords decisions in O’Byrne –v- Sanofi-Aventis.
He is the co-editor of the "International Product Law Manual" published 2010 by Kluwer.

Representative Cases

OB v Aventis Pasteur SA [2010] UKSC 23 (26 May 2010); Supreme Court
Aventis Pasteur (Environment and consumers) [2009] EUECJ C-358/08 (02 December 2009); European Court of Justice
OB v Aventis Pasteur SA [2008] UKHL 34 (11 June 2008); House of Lords
O'Byrne v Aventis Pasteur SA [2007] EWCA Civ 966 (09 October 2007); Court of Appeal (Civil Division).
O'Byrne v Aventis Pasteur Msd Ltd. [2006] EWHC 2562 (QB) (20 October 2006); High Court (Queen's Bench Division)
O'Byrne v Aventis Pasteur MSD Ltd [2006] EUECJ C-127/04 (09 February 2006); European Court of Justice
Farraj & Anor v King's Healthcare NHS Trust & Anor [2006] EWHC 1228 (QB) (26 May 2006); High Court (Queen's Bench Division)
Sayers & Ors v Smithkline Beecham Plc & Ors [2006] EWHC 84 (QB) (31 January 2006); High Court (Queen's Bench Division)
Wattleworth v Goodwood Road Racing Company Ltd & Ors [2004] EWHC 140 (QB) (04 February 2004); High Court (Queen's Bench Division)
Afrika & Ors v Cape Plc & Ors [2001] EWCA Civ 2027 (21st December, 2001); Court of Appeal (Civil Division)
Smithkline Beecham Plc. & Anor v Horne-Roberts [2001] EWCA Civ 2006 (18th December, 2001); Court of Appeal (Civil Division)
Brittain v Roussel Laboratories Ltd [1998] EWCA Civ 1832 (24 November 1998); Court of Appeal (Civil Division)

Commercial

Prashant has advised and represented a major rail infrastructure company in the commercial recovery actions following numerous train disasters. These multi million pound claims involved actions brought between rail industry parties seeking compensation, contributions and indemnities under the contractual arrangements governing the privatised rail industry in respect of property damage, loss of profits and penalty payments. The litigation was variously brought before an industry dispute resolution committee, in the High Court and before jointly appointed arbitrators.

Prashant's commercial practice has also seen him acting in relation to significant product recalls, consequential damage claims and recovery claims. These have covered many different industries including food (Sudan Red product recall), motor vehicle recalls, manufacturing (Cooper v DNA), automobiles (Gold Venture v Land Rover), medical research (Farraj v Kings Healthcare).

Public Inquiries and Inquests

Prashant has appeared in the public inquiries following the Southall and Ladbroke Grove disasters and the full 3 month inquest following the Potters Bar derailment.

He has appeared at numerous , substantial inquests followings deaths at work, on the rail infrastructure and following fires and explosions.

Representative Cases

Southall Public Inquiry before John Uff QC
Ladbroke Grove Inquiry Part 1 before Lord Cullen
Joint Inquiry into Train Protection Systems
Ladbroke Grove Inquiry Part 2 before Lord Cullen
Potters Bar Inquest

Representative Cases

OB v Aventis Pasteur SA [2010] UKSC 23 (26 May 2010); Supreme Court
R v Hertfordshire Oil Storage Ltd and Ors [2010] EWCA Crim 493 (16 Mar 2010); Court of Appeal (Criminal Division)
Aventis Pasteur (Environment and consumers) [2009] EUECJ C-358/08 (02 December 2009); European Court of Justice
OB v Aventis Pasteur SA [2008] UKHL 34 (11 June 2008); House of Lords
O'Byrne v Aventis Pasteur SA [2007] EWCA Civ 966 (09 October 2007); Court of Appeal (Civil Division).
Norfolk County Council v Webster & Ors [2006] EWHC 2733 (Fam) (01 November 2006); High Court (Family Division)
O'Byrne v Aventis Pasteur Msd Ltd. [2006] EWHC 2562 (QB) (20 October 2006); High Court (Queen's Bench Division)
O'Byrne v Aventis Pasteur MSD Ltd [2006] EUECJ C-127/04 (09 February 2006); European Court of Justice
Farraj & Anor v King's Healthcare NHS Trust & Anor [2006] EWHC 1228 (QB) (26 May 2006); High Court (Queen's Bench Division)
Sayers & Ors v Smithkline Beecham Plc & Ors [2006] EWHC 84 (QB) (31 January 2006); High Court (Queen's Bench Division)
Lin & Ors, R (on the application of) v Secretary of State for Transport [2006] EWHC 2575 (Admin) (31 July 2006); High Court (Administrative Court)
Wattleworth v Goodwood Road Racing Company Ltd & Ors [2004] EWHC 140 (QB) (04 February 2004); High Court (Queen's Bench Division)
Afrika & Ors v Cape Plc & Ors [2001] EWCA Civ 2027 (21st December, 2001); Court of Appeal (Civil Division)
Smithkline Beecham Plc. & Anor v Horne-Roberts [2001] EWCA Civ 2006 (18th December, 2001); Court of Appeal (Civil Division)
West Kent Housing Association Ltd v Davies & Anor [1998] EWCA Civ 1087 (24 June 1998) Court of Appeal (Civil Division)
Brittain v Roussel Laboratories Ltd [1998] EWCA Civ 1832 (24 November 1998); Court of Appeal (Civil Division)
East Thames Housing Group v Ryanna & Anor [1999] EWCA Civ 1049 (22 March 1999); Court of Appeal (Civil Division)
Heller Global Vendor Finance UK Ltd v Lancaster [1999] EWCA Civ 1849 (15 July 1999); Court of Appeal (Civil Division)
Okolo v Secretary Of State For Environment & Anor [1997] EWCA Civ 1766 (23rd May, 1997); Court of Appeal (Civil Division)