Jeremy Asher

Solicitor
T: +44 (0)1392 333824
F: +44 (0)1392 336824
j.asher@ashfords.co.uk

Jeremy is a Solicitor in Ashfords' Criminal and Regulatory Team and has specialised in criminal and regulatory law for the thirteen years since he qualified in 1998.

Jeremy's main practice is advising on and representing businesses and individuals in relation to a wide range of regulatory offences including defending prosecutions brought by the Environment Agency, Health & Safety Executive, Trading Standards and Crown Prosecution Service.  He also advises clients in the defence of all aspects of criminal law, from motoring offences in the Magistrates Courts (including consideration of domestic and European road traffic legislation as appropriate) to more serious types of offences in the higher courts including triable either way and indictable only offences including conspiracy to defraud, conspiracy to supply Class A drugs, cases of Perverting the Course of Justice, murder, rape and assault.

Jeremy has developed particular expertise in relation to fatality cases and disaster management, having advised on more then 20 such high profile cases since he qualified in 1998, including the recent M5 disaster.  These cases include corporate manslaughter (including advising businesses and Local Authorities on corporate manslaughter risk), gross negligence manslaughter, murder, manslaughter and causing death by dangerous driving.  Since many of the cases Jeremy deals with generate enormous amounts of publicity, he is used to dealing with the press and advising clients in this regard.

Jeremy also has experience of prosecuting benefits fraud cases on behalf of local authorities, and have also prosecuted on a behalf national utility companies under the Water Resources Act and Environmental Permitting Regulations.

Jeremy conducts much of his own advocacy except where higher rights of audience are required or where he is unavailable, and successfully represent clients all over the country.  

Recent experience & successes:

Regulatory:

• Defence of several companies prosecuted by the Environment Agency under the Environmental Permitting Regulations, including farmers and waste carriers as well as a water utility company following a 20,000 litre oil spill into rivers;
• "Defence of high profile fatality cases investigated by the police and Health & Safety Executive including advising on criminal liability and disaster management in the aftermath of a multiple fatality road traffic collision on the M5."  
  
• Defence of several cases prosecuted by the Health & Safety Executive and advice to businesses and individuals under investigation under the Health & Safety at Work etc Act 1974, including fatality cases such as the death of a child who died whilst in the care of a day nursery;
• Advised a local authority on corporate manslaughter risk in relation to three separate fatality cases;
• Successfully prosecuted a multi-national plc on behalf of a water utility company for breaching trade effluent consents contrary to the Water Industry Act 1991 where the cost of repair reached £1 million;
• Successfully prosecuted companies in breach of stand pipe regulations on behalf of water utility company;
• Defence of a well respected company of butchers which pleaded guilty to a number of offences under Consumer Protection from Unfair Trading Regulations 2009 and under the General Food Regulations 2004;
• Successfully defended a large landlord from prosecution under the Regulatory Reform (Fire Safety) Order 2005 where of a house in multiple occupation was served with an emergency prohibition notice and the tenants were removed and re-housed under emergency legislation;
• Defence of companies under investigation from HMRC including successfully persuading HMRC to take no action against a business that had failed to obtain an Export Licence saving the company £60,000 in potential penalties;
• Defence of companies where reputational issues are at stake, including a residential care home accused of neglect where an investigation by Social Services could have caused enormous damage to the business;
• Advised on the prosecution of cases under the Water Supply (Water Fittings) Regulations 1999 for a water utility company, in particular a large marina where the threat of prosecution was eventually enough to ensure full compliance with the regulations;
• Represent clients at inquests where necessary;
• Planning enforcement and defence of associated offences;
  

Fraud & Business Crime:

• Successfully prosecuted numerous benefits fraud cases on behalf of a local authority, including cases where suspended prison sentences have been imposed;
• Successful defence of a company director accused fraud allegations against his business worth £250,000;
• Defence of a Company Director charged with Blackmail;
• Defence of an allegation of bribery in public office allegedly involving a fraud of £500,000;
• Defence of several cases brought under the Proceeds of Crime Act 2002 in the Crown Court (sums of £350,000; £150,000; £100,000; £45,000 etc);
• Defenece of a company secretary who stole £100,000 from his employer;
  
  

Licensing:

• Successfully advised on a new premises licence application for a prestigious hotel and spa;
• Represented a local authority on an appeal against the decision of its licensing sub-committee to withdraw the premises licence of a night club where drugs and violent offences had been taking place;
• Attend hearings of licensing sub-committees where objections have been raised in order to ensure that premises licences are granted;
• advised in relation to the establishment of an on line gaming website;
  
• Firearms licensing & defence of associated offences;
  

Road Traffic:

• Successfully defended a driver who pleaded guilty to causing death by dangerous driving where a 12 month period of imprisonment was suspended for 2 years;
• Defending speeding and excess alcohol offences on a weekly basis, in particular drivers liable to disqualification under the totting up procedures (12 or more points), and have successfully avoided disqualifications on the basis of exceptional hardship;
• Saved the driving license of a multi-millionaire client who allegedly undertook a police car at in excess of 100 mph whilst driving a sports car valued at £1 million;
• Appealed against the decision of the Traffic Commissioner to revoke a HGV driver's licence under s115 & s116 Road Traffic Act 1988;
• Successfully appealed against the decision of the Traffic Commissioner not to grant a Public Service Vehicle Operators Licence under the Public Passenger Vehicles Act 1981;
• Defence of VOSA prosecuted offences on behalf of various defendants, most particularly overloading and tachograph offences.
  

Other recent significant successes:

• Not guilty verdict for a lorry driver charged with importing £1.8 million worth of drugs;
• Not guilty verdict for a Solicitor charged with assault;
• Not guilty verdict for a well known sportsman charged with possession of an offensive weapon;
• Defence of a number of cases of perverting the course of justice in the Crown Court;
  

Previously:

• Have advised in relation to Judicial Review including drafting an application seeking to question the legality of a decision by a Magistrates' Court in relation to one of the first applications under the Crime and Disorder Act 1988 for an Anti Social Behaviour Order;
• Defended an allegation of conspiracy to supply $20 million of counterfeit currency involving the National Crime Squad and CIA who investigated activities of the defendant who was linked with others to the KGB, Russian mafia and Irish paramilitary organisations.
  

"incredibly hardworking"
Legal 500, 2011 Edition