Nigel Fryer
Call 1999 (Middle Temple)
Qualifications LLB
Professional Memberships Criminal Bar Association; Western Circuit; Environmental Lawyers Association, Member of the Health & Safety Lawyers Association
Appointments Attorney General’s List C
Download vCard direct to your email contacts
Areas of Practice
Nigel prosecutes and defends in both regulatory law and crime and is known for his calm approach and assertive manner in Court.
Regulatory Law
Nigel has been developing his regulatory law practice since the start of his career, with particular focus on health and safety, inquests, environmental law, trading standards and planning enforcement. He believes a team approach is essential and welcomes the opportunity to be involved from an early stage, including at the inquest in matters involving fatality. He is keen to undertake site conferences to understand the fine detail of a case. His work takes him throughout England and Wales.
Reported Cases
- R (EA) v RL and JF (2008) EWCA 1970 (2009) ALL ER 786 , CLW 08/34/5, L.S Gazette, September 18th 2008. Determination of whether it was possible to prosecute two officers of an unincorporated golf club for an offence under the Water Resources Act committed by the club itself. 5,000 gallons of heating oil escaped into a reservoir causing disruption to drinking water supplies. Clients acquitted. Not appropriate to prosecute. The correct procedure was to prosecute the unincorporated club as it does have legal status to commit statutory criminal offences.
Health and Safety (defence, prosecution and enforcement notices)
Nigel is regularly instructed in health and safety cases involving all types of industrial practice, examples include accidents arising from machinery, agriculture, quarries, electricity lines, construction sites, retail, factory work and boat yards.
In addition to his practice in health and safety crime, he also undertakes work advising and litigating upon improvement and prohibition notices. This is especially important if notices have been served after an accident given the impact their terms may have on a subsequent prosecution.
Recent Cases
- R v W. Currently prosecuting a farmer who depositied 20 cm of mud on the road after two days of ploughing causing a fatal accident. Trial is listed in June for three weeks in Swindon Crown Court.
- R v W. Currently prosecuting a farmer accused of offences under s.3 of the HSWA after he deposited a large volume of mud on the road causing the death of a driver who crashed as a result of losing control on the poor surface.
- R (HSE) v MJ. Defence of a haulage firm charged under s.3 HSWA after a lorry toppled over crushing a builder working on site.
- CBC v E. Defence at trial of a garage owner who was accused of numerous breaches of both explosive and petroleum storage regulations. Acquitted of half of the charges.
- WCC. Represented the deceased’s employer, a market gardening firm. Employee upended an irrigation pipe connecting him to the national grid.
- R (HSE) v RL. Defence of a livestock yard after a cow escaped causing serious injury to a handler and then rampaged through the centre of Rugby. There was extensive media interest.
- OBC v DL. Defence of a butcher after a 14 year old “Saturday” boy lost his arm in a mincing machine. Food safety and Children’s Act offences also indicted.
- R (HSE) v AHW. Defence of a large dairy engaged in supplying national supermarkets. It was prosecuted after contractor fell through a suspended ceiling causing serious injury.
Environmental Law (prosecution, defence and enforcement notices)
Nigel has acted for both government authorities and private/insured clients in respect of environmental matters. General examples include the prosecution and defence of water and air pollution, spillage including waste and effluence and fly tipping. He undertakes work in the field of statutory nuisance and has advised upon and litigated abatement notices.
Current and Recent Cases
- R (EA) v WTL. Currently defending the Directors and Company against breaching the terms of a waste management license, failing to obtain the correct licence and transporting waste to a non-OECD country. The case involves the disposal of televisions and computer equipment to a number of African countries.
- R (EA) v MWML. Currently defending a Director and Company involving the disposal of tyres. Charges relate to a lack of licenses and transporting waste to a non-OECD country (Vietnam) in breach of the Shipment Regulations.
- R (EA) v AD. Defence of a company for extensive river pollution and regulatory breaches relating to their waste plant. Nine out of fourteen charges were dropped after extensive work to show that the Agency had failed to prove that there was a link between the plant and the river pollution.
- R (EA) v EPGC. Defence of a company who caused river pollution after a release of oil from a fractured pipe.
- SGC v S. Defence of a waste management firm who were accused of fly tipping. Extensive discussions were held with the Local Authority prior to the first hearing. These resulted in the case being dropped.
- R (EA) v ZL. Defence of a private individual and company after both were indicted for various offences arising from a company summer party at which stock car racing took place. At the conclusion of the event 16 vehicles were burnt leading to a serious incident of air pollution.
- R (EA) v AD. Prosecution arose after 80,000 litres of effluent was discharged into a river by a lorry driver tasked to collect it on behalf of the firm.
Planning and Housing
The defence and prosecution of matters arising from planning legislation breach such as stop and enforcement notices and listed building status as well as prosecutions relating to housing legislation.
Recent Cases
- SGDC v BH. Defence of a man charged with breaching planning enforcement notices arising from an attempt to turn agricultural land into building land.
- WDDC V BOT. Defence of a car dealer who was prosecuted for breaching both stop and enforcement notices in relation to the storage and repair of vehicles.
- TBC v PSR. Represented the Local Authority when a shooting range appealed against a noise abatement notice. Hearing lasted seven days and the shooting range was represented by a QC. The notice was successfully upheld.
- NDDC v CC. Appeal by a social club against a noise abatement notice served upon them in respect of a skittle ally. He represented the Local Authority and the notice was successfully upheld on appeal.
- NSDC v ME. Defence of a man charged with breaching stop and enforcement notices after turning his home into builders yard.
- BCC v MT. Defence of a landlord accused of breaching enforcement notices issued under the Housing Act in relation to a HIMO.
- NDDC v JD. Defence of a group of travellers served with enforcement notices relating to an agricultural field.
Other areas of Regulatory Law
In addition to the areas already cited Nigel undertakes work in trading standards matters especially those involving the motor trade, counterfeit goods and poor workmanship. Nigel has prosecuted a number of matters on behalf of the Postal Services Commission and DEFRA.
Recent Cases
- D v MG and FPL. Currently prosecuting on behalf of DEFRA a case involving failing to obtaining the correct licences and non-compliance with gangmaster legislation.
- SGDC v JE. Defence of an estate agent accused of mis-selling.
Criminal Law
Nigel is instructed in all types of criminal cases, including cases involving offences of violence such as large scale violent disorder, s.18 and assault including those involving knives and samurai swords. He has experience in prosecuting and defending cases of supplying and possessing drugs, sexual offences, and dishonesty including fraud.
Reported and Recent Cases
- R v P (2007) EWCA Crim 1905.
- R v P (2006) EWCA Crim 1300.
- R v JG BCC 2010. Defence of a man accused of a brutal s.18 gang attack on a man in his own home.
- R v SH BC 2010. Defence of a man accused of rape of a 12 year old girl.
- R v ES WCC 2010. Defence of a man jointly charged in a professional burglary gang. Case involves the theft of metals and roof lead.
- R v SA NCC 2008. Defence of a man charged with violent disorder (with 6 others) arising out of an attempted murder after a brawl involving 50+ people resulted in a man being stabbed in the throat with a samurai sword.
- R v NG and WG GCC 2009. Defence of a husband and wife who are alleged to have run a cannabis factory from a suburban house.
- R v JW and AW BCC 2008. Prosecution of a husband and wife accused of theft of a large amount of money from an elderly disabled woman for whom they were supposed to be caring.
- R v VS NCC 2006. Junior Counsel in a ten-week multi handed trial resulting from the largest ever seizure of class A drugs in South Wales.
- R v KB GCC 2007. Prosecution of a man for s.18 after he attacked a man in the street in broad daylight using a machete causing serious injury.
Road Traffic Law
Nigel is briefed on a regular basis by insurance company panel solicitors in respect of all aspects of road traffic law.
Direct Access
Nigel is qualified to undertake Direct Access work in appropriate cases, for further information, please visit our Direct Access page.
