Specialising in regulatory crime, health and safety offences, environmental health cases, all forms of regulatory enforcement and cases involving corporate, gross negligence and unlawful act, manslaughter. Of the Attorney Generals appointed Standing Counsel he is, and has been since 2004, the only one of four Standing Counsel to HSE and ORR, for the whole of the UK, in Chambers outside London. Described in texts as “first class” and as someone who knows “the law inside out”.
As Standing Counsel he is instructed to conduct the most complex, sensitive and high profile cases that are brought in the UK. He handles cases of national public interest; deals with difficulties and sensitivities with evidence and public interest, with fatal accidents, multi defendant cases, abuse of process, complex legal or scientific issues and interpretation of EU Directives and Law. Often involved very early in cases, giving strategic advice on issues emerging in casework or investigations and often acts as a resource of expert advice.
Instructed by HSE and by many local authorities throughout England and Wales. Currently involved in advising and prosecuting for HSE and a number of local authorities in relation to serious cases that are either currently before the court, or will be in the future. These currently involve a number of fatal accidents, two involving young children. Also instructed by the Environment Agency, by the ORR and by the Department of Trade and Industry in relation to a variety of health and safety and environmental issues. Whilst priority is given to instructions from HSE and ORR this does not stop the acceptance of instructions to defend in serious cases. Defence work, in very serious and complex cases, has also been undertaken. The balance of his practice involves personal injury and clincial negligence litigation including catastrophic, brain and spine injuries, fatal accidents and disease/ occupational health cases.
Work covers areas ranging from the construction, nuclear, offshore, chemical, munitions, manufacturing industries to the railway infrastructure, asbestos, NHS trusts, disease cases, ionising radiation and the emergency services. He frequently works as part of a large team and often under the ambit of the Work Related Death Protocol. He also has had many dealings, not only with HSE and the CPS, but also with the police, British Transport Police, local authorities, the nuclear inspectorate, the IPCC, DTI and the EA.
Most of his work covers complex cases in the Crown Court. When requested, in the most serious and complex cases, he also appears in the Magistrates Court prior to a case being committed to the Crown Court. He has considerable experience in both the Court of Appeal Criminal Division, the Court of Appeal Civil Division and in the High Court (including the Divisional Court). Within the last 12 months he has appeared as prosecution counsel in the Criminal Division of the Court of Appeal in the high profile cases of R v Christopher McGee [manslaughter], R v Watkin Jones Ltd (s.3 Health and Safety at Work Act) and in the case of R v Polyflor Ltd (s.2 Health and Safety at Work Act).
Practice also involves appearing in high profile and complex inquests, as well as advising on issues associated with them. Recently involved in the six week inquest involving the death of PC Ian Terry (a police officer shot dead by a fellow officer in a training exercise). Also heavily involved in the evidence concerning the fresh Hillsborough inquests. He has recently been instructed to advise upon, and deal with, a large range of disclosure and legal issues in relation to the fresh inquests; instructed by members of the original Steering Committee and involved in liaison with the Coroners team, the IPCC and the Stoddard Inquiry.
Also involved in other criminal cases that have a quasi-regulatory element to them (e.g. a recent case involving multiple allegations and counts of fraud in relation to the export of food stuffs to the middle and far east).
