David Firth

Head of Litigation, Partner

David is head of the litigation division at Capsticks.  He joined the firm in 1995 and works with clients across the firm’s key sectors, with a particular emphasis on supporting organisations under investigation by the Police, Health and Safety Executive and Environment Agencies. 

David is best known for supporting clients undergoing criminal investigation for a range of offences including corporate manslaughter.  He advises on disaster response, reputation management, internal investigations and at all stages,  from interview under caution through to Crown Court prosecution.

Having worked in opposition to the Police, the HSE and the Environment Agency over many years, David is very familiar with their ways of working, what tactics work to minimise regulatory intervention and crucially, those that do not. He has supported organisations and individuals through every aspect of the investigation process, up to and including interview under caution and uses his expertise to help avert further enforcement action, or to minimise the reputational impact if a criminal prosecution is commenced.   

He is an experienced construction, and landlord & tenant litigator, both as stand-alone disciplines and working on projects with teams from the firm’s real estate, housing and commercial division.

Notable projects

  • Support on one the major Jimmy Savile investigations, involving analysis of the client NHS body’s policies over a period in excess of 40 years, close working with the independently-instructed investigation team, and advice to the Trust board on implementing recommendations and in response to major press interest following publication of Savile reports nationally in June 2014 and the Health Secretary’s Statement to the House of Commons.
  • Acting for a household name private sector care provider prosecuted in the Crown Court for health and safety failures following a death from legionella at a care home. David successfully argued for the withdrawal of the prosecution against the holding company and helped keep the fine against the care provider company itself to a minimum at the Crown Court sentencing hearing, following a guilty plea at the earliest opportunity.

Qualifications

  • BA (Hons), University of Exeter, 1989
  • MA, University of Durham, 1990

Contact David Firth