Regulatory Enforcement & Crime
Members of the Regulatory Enforcement & Crime Team specialise in a number of specific areas relating to regulatory work. We have experience in advising both public authorities and private clients and of conducting and defending prosecutions in all levels of the Court system, including judicial review and case-stated.
The team draws from experience in a number of areas including the following:
Environmental
Offences including waste management, pollution and noise.
Financial Regulatory, Money Laundering and Fraud
We advise on financial compliance matters, particularly in the context of money laundering and financial regulatory work. Our members also have experience of FSA regulation and investigation work. With the introduction of the Proceeds of Crime Act 2002 and its related legislation, this has become an increasingly complex and specialist area. We are able to advise clients in relation to investigations, prosecutions, freezing orders, letters of request, international co-operation arrangements and reporting requirements.
Food Safety Standards
Work includes contamination, fitness for human consumption and food hygiene/safety.
Health & Safety and Inquests
We act for individuals, partnerships and companies in relation to health and safety matters.
These involve investigative enquiries by the Health & Safety Executive, local authorities and the Crown Prosecution Service, including advice and pre-charge. We defend prosecutions of this type, including corporate and individual manslaughter allegations and other regulatory offences resulting in death or serious injury or the risk of it.
This area of law is particularly important as some offences now carry imprisonment and courts more readily consider Director Disqualification Orders.
Prosecutions often follow inquests (and indeed are held with that in mind) and attendance at these is extremely important. The team frequently deals with such hearings, thereby providing the complete service.
Housing
Including the representation of local authorities in ASBO applications.
Medical Regulatory/Disciplinary Work
Members appear regularly before the General Medical Council, the General Dental Council, the Nursing and Midwifery Council, Health Professions Council and on appeal before the Administrative Court. They also represent clinicians in hospital and Primary Care Trust disciplinary proceedings both at first instance and on appeal.
Many members have considerable experience both in common law fields and in crime, ensuring that we are able to represent practitioners in parallel proceedings arising from the same allegations and in particular, criminal and civil proceedings for damages.
Planning Breaches
We represent enforcement agencies or defendants, this includes enforcement notices, breaches of TPO’s and listed building matters.
Trading Standards and Licensing
We prosecute and defend across the full range of this work, including trade descriptions, misleading price indications, weights and measures, distance and doorstep selling, trademark infringement, under-age sales, general product and toy safety, copyright and video classification.
Simon Morgan and Adrian Maxwell are also ranked as Leading Juniors in the VHCC Scheme, administered by the Legal Services Commission.
Recommendations
Chambers UK 2010
Simon Morgan is particularly experienced in fatal accident cases and has lately been defending and prosecuting murders, money laundering and health and safety matters.
Chambers UK 2009
Simon Morgan of St John’s Chambers prosecutes and defends in the most serious criminal cases: examples of his work include a murder trial centring around an epileptic man who was held in a shed and starved and tortured in the months before his death. Money laundering and health and safety matters also prove of interest to Morgan; he is considered “particularly good at these cases, as he is commercially minded and necessarily tactful in dealing with people who aren’t used to being told the writing’s on the wall.”
Legal 500 2009
St John’s Chambers’ Simon Morgan has extensive experience in the field of fraud and duty evasion.
MembersChristopher Wilson-Smith QC* |
Clerks |