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Regulatory & Disciplinary

The Regulatory team are predominantly focused on health and safety and licensing matters."

Legal 500  2020
Regulatory, Health and Safety, and Licensing

Our Regulatory and Disciplinary team have experience in advising both public authorities and private clients, and of conducting and defending prosecutions at all levels of the Court system, including case stated and Judicial Review. This will often include representation before the appropriate tribunal or public inquiry.

Areas of expertise:

  • Environmental
    Offences including waste management, pollution and noise. Simon Morgan is on the list of authorised prosecutors for the EA (List A).
  • Financial Regulation, Money Laundering and Fraud
    Financial compliance matters, particularly in the context of money laundering and financial regulatory work. Our members 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 cooperation arrangements and reporting requirements.
  • Food Safety Standards
    Contamination, fitness for human consumption, and food hygiene/safety.
  • Health & Safety and Inquests
    Health & Safety: Members represent and advise companies individuals and partnerships, the HSE and local authorities.This includes advice prior to interview and prior to charging decisions. Members have represented alleged offenders charged, or at risk of being charged, with personal or corporate manslaughter, Health and Safety and other regulatory offences (eg Gas/asbestos Regulations) involving death or serious injury, or the risk of it. For individuals, this is particularly important as many offences now carry imprisonment. Courts more readily consider Director Disqualification Orders where directors have failed in their duties. Simon Morgan is on the list of authorised prosecutors for the HSE (List A).
    Inquests: Prosecutions often follow inquests (and, indeed, are held with that in mind) and advice about the giving of evidence (and calling expert evidence) at such hearings is extremely important. On occasions, individuals have been prosecuted solely as a consequence of the evidence given by them at an inquest. The team frequently deals with such hearings, thereby providing the complete service. Members have represented hospitals, prison, Local Authorities, police officers, companies and other individuals at risk of criticism arising from a death.
  • Housing
    Representation of local authorities in ASBO applications.
  • Medical regulatory/disciplinary work
    Members regularly appear before the General Medical Council, the General Dental Council, the Nursing and Midwifery Council, Health Professions Council, and on appeal before the Administrative Court. Members 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
    Members represent enforcement agencies or defendants, this includes enforcement notices, breaches of TPOs, listed building enforcement notices, breach of condition and stop notices and other planning enforcement matters.
  • Trading Standards and Licensing
    Members prosecute and defend across the full range of this category, 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.
  • Caravan site licensing
    Members act in caravan site matters, both in licensing for site owners and local authorities, and also in relation to appeals and prosecutions.

Licensed Access

Some members can accept instructions direct from industry professionals under the Licensed Access scheme.  This allows members of licensed organisations, such as the RICS, to instruct us without having to go through a solicitor.

Public Access

Some members of the team are also available to act, where appropriate, for members of the public, as well as commercial and non-commercial organisations, under the Public Access scheme. Read more.