Nigel Fryer
Call 1999 (Middle Temple)
Qualifications LLB
Professional Memberships Criminal Bar Association; Western Circuit; Environmental Lawyers Association
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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 (Environment Agency) v RL and JF (2008) EWCA 1970, 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 diruption 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 Saftey (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 (HSE) v MJ Curle Limited. Defence of a haulage firm charged under s.3 HSWA after a lorry toppled over crushing a builder on site.
- Worcestershire Coroners Court. Represented the deceased’s employer, a market gardening firm. Employee upended an irrigation pipe connecting him to the national grid.
- R (HSE) v Rugby Livestock Limited. 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.
- Oldham Borough Council v D Lees Limited. Defence of a butcher after a 14 year old “Saturday” boy lost his arm in a mincing machine. Food safety and Children’s Atc offences also indicted.
- R (HSE) v A H Warren Trust Limited. Defence of a large dairy engaged in supplying national supermarkets. It was prosecuted after contractor fell through a suspended ceiling causing serious injury.
- R (HSE) v Penhill Quarry. Employee extended a pile driver into the national grid causing extensive damage and 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.
Recent Cases
- R (EA) v Zykco Limited. 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 ANDigestion Limited. 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.
- North Dorset District Council v CC. Noise abatement notice served upon a social club. The notice is subject of appeal and he is representing the District Council.
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 prosecutions relating to housing legislation.
Recent Cases
- South Gloucestershire District Council v BH. Defence of a man charged with breaching planning enforcement notices arising from an attempt to turn agricultural land into building land.
- North Somerset District Council v ME. Defence of a man charged with breaching stop and enforcement notices after turning his home into builders yard.
- Bristol City Council v MT. Defence of a landlord accused of breaching enforcement notices issued under the Housing Act in relation to a HIMO.
- North Devon District Council 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.
Recent Cases
- South Gloucestershire District Council 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.
Recent Cases
- R v Pearson (2007) EWCA Crim 1905.
- R v Power (2006) EWCA Crim 1300.
- R v SA Newport Crown Court 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 Gloucester Crown Court 2008. Defence of a husband and wife who are alleged to have run a cannabis factory from a suburban house.
- R v JW and AW Bristol Crown Court 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 Newport Crown Court 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 Gloucester Crown Court 2007. Prosecution of a man for s.18 after he attacked a man in the street in broad daylight using a machette 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.
