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Business Risk & Regulation relevant experience

Business Risk and Regulation

  • Defending major construction companies following serious site incidents and fatalities
  • Advising a demolition sector company facing corporate manslaughter charges.
  • Providing Inquest representation and assistance through complex, multi-party Inquests, including those involving Article 2 of the Human Rights Act
  • Appealing Prohibition and Improvement Notices served by the Health and Safety Executive
  • Representing companies and individuals facing personal prosecution following water pollution events and chemical spills
  • Negotiating environmental undertakings in response to the Environment Agencies civil sanctions regime
  • Defending a Public Utility Company in multiple prosecutions using the controversial new environmental sentencing guidelines
  • Appealing enforcement notices served by the Environment Agency
  • Advising companies on environmental permits and exemptions
  • Advising food companies on regulatory compliance, including food hygiene and health and safety risk
  • Advised a prestigious retailer in relation to the application of premises licences throughout its business
  • Successful defence of a company director accused of fraud against his business worth £250,000
  • Advice in relation to private prosecutions covering a wide spectrum of cases including fraud, forgery, perverting the course of justice and historic abuse cases
  • Successfully defended a company director charged with using a vehicle in a dangerous condition following a fatal road accident involving an employee.
  • Providing assistance and representation at Traffic Commissioner hearings, ensuring that operators' licences are protected
  • Defence of a well-known butcher prosecuted under the Consumer Protection from Unfair Trading Regulations 2009 and the General Food Regulations 2004 

Ashfords Regulatory and Compliance (ARC)

  • Supporting an international retailer with their health and safety and fire risk assessments
  • Advising a fast-growing food company on all aspects of regulation and supporting them through undertaking a gap analysis, audits and training
  • Supporting a charity in relation to the health and safety risks of trips abroad
  • Advising international clients wanting to expand into the UK on product safety requirements, labelling and packaging
  • Providing access to our ARC Platform to clients working in sectors such as retail, hospitality, estate agents and care
  • A 360 service covering consultancy, our platform, enforcement and prosecutions support, insurance coverage and support with civil injury claims

Fraud and Business Crime

  • Successfully represented an accountant in relation to allegations of fraud by misrepresentation of £4 million.
  • Advised a foreign national wanted by authorities abroad in relation to a $1 billion fraud.
  • Successfully represented a company director charged with a £6 million fraudulent application for funding for a factory.
  • Advised on an appeal against a Confiscation Order where the benefit figure had been set at £7 million.
  • Acted for directors facing allegations of bribery (several cases).

Trading Standards

  • Defence of a well known butcher prosecuted under the Consumer Protection from Unfair Trading Regulations 2009 and the General Food Regulations 2004 which generated considerable publicity.
  • Has previously made representations to Trading Standards officers that there is insufficient evidence which has resulted in several well-known businesses not being prosecuted for fraud and making misleading omissions under the Consumer Protection from Unfair Trading Regulations 2009.
  • Successful defence of an individual charged with trade marks infringement offences under the Trade Marks Act 1994.

Private Prosecutions

  • Advises in relation to private prosecutions covering a wide spectrum of cases including fraud, forgery, perverting the course of justice and historic abuse cases.
  • Worked with Action Fraud and the City of London Police to instigate investigations into cases of European Distribution Fraud where the victims had lost several hundred thousand Euros each at the hands of fraudsters.
  • Successfully persuaded a former partner to refrain from making further derogatory comments on social media such as Facebook and Twitter by threatening private prosecution.
  • Representations made to the CPS and Police to bring prosecutions against senior members of staff within a public body.
  • Successfully applied for Restraining Orders in civil proceedings.
  • Routinely works closely with a Public Relations agency on reputation management, keeping many cases out of the press as well as encouraging press activity where it is thought beneficial.

Road Traffic

  • Not guilty verdict for a driver accused of causing death by careless driving
  • Successfully defended a company director charged with using a vehicle in a dangerous condition following a fatal road accident involving an employee (started as corporate manslaughter)
  • Not guilty verdict for the driver of a car prosecuted for driving without due care & attention which had collided with a vehicle driven by an off duty police officer that was turning into a police station forecourt
  • Saved the driving license of a client who undertook a police car whilst allegedly travelling in excess of 100 mph in a sports car valued at £1 million
  • Defending speeding and excess alcohol offences, in particular drivers liable to disqualification under the totting up procedures (12 or more points), and have successfully avoided many disqualifications on the basis of exceptional hardship
  • Not guilty for a professional sportsman accused of possession of an offensive weapon
  • Successfully persuaded the CPS to offer no evidence in a case involving the driver of a vehicle alleged to have been twice over the legal limit for alcohol.

Environment

  • Defending a Public Utility Company in prosecution using the controversial new environmental sentencing guidelines
  • Appealing enforcement notices 
  • Advising companies on environmental permits and exemptions
  • Defending waste and recycling companies following breaches or alleged breaches of permits
  • Advising in relation to stockpiling and spreading of sludge on agricultural land
  • Defending manufacturers and food companies on packaging law and negotiating undertakings under the civil sanctions regime
  • Advice on Regulations relating to chemicals and hazardous substances
  • Providing legal reviews of company environmental legislation registers
  • Advising a water utility company in respect of the submission of an EIA screening opinion and subsequent application to the Secretary of State regarding proposals to construct 17km of water main under permitted development powers
  • Advising a sewerage undertaker in respect of unauthorised trade effluent discharges into its system and its ability to recover charges for that
  • Advising a renewable energy developer in connection with planning applications, section 106 agreements, planning appeals and applications for costs.