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Areas Of Practice
Regulatory Crime has become the predominant field of specialty for a significant number of members. This development is most notable in the field of Health and Safety and Environment Law. These twin topics, together with other aspects of regulatory work, now forms the mainstay of work certain members of the Crime team. It has led to the formation of a group of ‘SHE’ (Safety, Health and Environment) practitioners within chambers.
Set out below in a sentence or two is the flavour of the work done by members of this group, together with a similar snapshot of other regulatory work undertaken. Much fuller details are contained in the CVs provided.
Since taking silk, Peter Blair QC has been instructed to advise and defend in a number of high-profile Environment Agency cases. He is also involved in wider Environment Law litigation - completed cases include Alford v DEFRA [2005] EWHC 808 (Admin) concerning Environmental Impact Assessment Regulations for uncultivated land and M.E. Foley v Environment Agency [2002] 1 WLR 1759 relating to burden of proof in Environmental Protection and Waste Management prosecutions.
Following his involvement in the successful prosecution of CORUS plc in relation to the Port Talbot Blast Furnace explosion, Andrew Langdon QC now heads the prosecution team in the criminal proceedings relating to the explosion at the Buncefield Oil Farm in 2005. Andrew has also defended a number of prosecutions brought by the HSE involving work-related fatalities and the EA in relation to waste disposal operations.
Ian Pringle QC has recently prosecuted a case concerning the criminal liability of a Local Authority for catastrophic brain injury to a child in a public swimming pool.
Ian Dixey has been practising in the area of health and safety prosecution and defence for a number of years, having been defence counsel in R v F Howe & Sons Ltd which remains the leading sentencing authority. While Health and Safety work represents the mainstay of his regulatory practice, as his CV demonstrates, his experience of regulatory work extends significantly beyond this field.
Anna Vigars (recently involved in fairground fatality case) James Bennett (second junior counsel in the Buncefield case) similarly prioritise Health and Safety work above mainstream crime.
Brendon Moorhouse has held a long term interest in Environmental Law and recent notable case include the defence of a company (in the Crown Court) facing waste management offences.
Whilst the abovementioned members now specialise in ‘SHE’ work, other members have a wider experience of regulatory crime. Included amongst them are Kerry Barker who together with Susan Cavender practices in the field of Liquor Licensing and Entertainment Law. Kerry also has a considerable experience in the field of Administrative and Public Law. Rupert Lowe , in addition to Health and Safety and environmental crime, has worked on Trading Standards Defra, DBERR and DoT prosecutions.
Christopher Quinlan has recently defended a manslaughter prosecution arising from a domestic gas installation. Nicolas Gerasimidis has a breadth of experience of regulatory work: recent cases and interest include litigation concerning Noise Abatement and related nuisance actions.
Six members of the team are on the Attorney- General’s unified list of Prosecuting Advocates. Very recent additions to the list include Brendon Moorhouse (see above) and Mark Worsley and Martin Lanchester, both of whom already have some experience of Health and Safety and other regulatory work.
‘SHE’ Work undertaken
The work undertaken by the Safety, Health and Environment members, includes advisory work in both fields and advocacy, with hearings in the Magistrates Courts, Crown Court Committals for sentence, guilty pleas and the full range of jury trials from the most straightforward right up to and including the most complex and demanding cases in the field.
Members of our team are also involved in interlocutory applications (Improvement and Prohibition Notices).
We have formed close links with solicitors who are proactive in the field and with the two professional bodies concerned. We have been involved in delivering seminars and workshops to firms of solicitors and also to the HSE. Each member of the team has contributed to our regulatory articles in newsletters.
We have a considerable advantage in being able to draw on Guildhall Chambers’ expertise in fields of work which are often engaged by HSE or EA prosecutions, most obviously Personal Injury, Insolvency and Commercial Law.
We believe that there is an increasing demand for experienced practitioners operating in the field of Safety, Health and Environment. Nowadays most large companies consider their Health and Safety and Environmental responsibilities under one umbrella. For most successful companies, these topics are, or are claimed to be, their first consideration. The two related fields of regulatory crime have other links in common: for example, designated hazardous sites (under COMAH 1999) are regulated by the Competent Authority — the HSE and the EA acting jointly.
By combining a depth of knowledge and expertise in these fields with huge experience of criminal litigation (and the resulting critical tactical awareness), this team is able to provide comprehensive and commercially-aware advice to clients.
Members of the team both prosecute and defend. Through solicitors we act for the HSE, the EA and a number of local authorities both regionally and nationally.
Our defence work covers both a wide geographical area and a wide variety of clients. The nature of the work involves (e.g. when acting for a client with premises or operations all over the country) travelling often considerable distances.
Team members regularly act on behalf of individuals, SMEs and multi-national organisations. Work undertaken stretches from advice on policy issues, through pre-charge advice, to the conduct of all aspects (both preparation and trial) of litigation.
We always aim to work with our clients as part of their team and to be accessible to and, if required, involved with the team throughout.
Other Regulatory work
Individual members of this team combine their skills, experience and interests to provide a comprehensive range of services to clients involved in any aspect of regulatory law.
Many members of the team are on the Attorney General’s list and so prosecute for a number of Government departments and agencies including HMRC, DBERR and DEFRA. We also act on behalf of local governments across the country.
Our team has a depth of experience in a wide range of areas from food safety and medicinal product labeling to cattle movement and trademark offences both from a prosecution and a defence perspective.
We recognise that a wide range of factors, including commercial issues and those surrounding publicity may inform decisions taken by our clients whether they are individuals, directors, SMEs or large commercial organisation and always advise with those pressures in mind.
Whether defending or prosecuting, our team provides outstanding professional and commercial advice and litigation expertise, bringing our skills in to play a full part within our clients’ teams.