The Legal 500

Position

Specialist in regulatory law, specifically health and safety, trading standards, licensing and environmental matters. Acts for a variety of leading companies including Sainsbury’s Supermarkets Ltd., B&Q Plc, Superdrug Stores Plc, New Look Retailers Ltd. and ATS Euromaster Ltd. Established prosecutor for the HSE. Recent cases include: HSE v Marks & Spencer PLC & ors (2011) Bournemouth Crown Court – asbestos prosecution. Three month trial listed January 2011. Junior led by Richard Matthews QC; HSE v Bembridge Marine Ltd & Others (2010) Newport (IOW) Crown Court – fatality. Multiple defendants. Trial anticipated late 2010/early 2011; HSE v Tangerine Confectionary Ltd. (2010) Bournemouth Crown Court – fatality at sweet factory. Conviction obtained after three week trial; Stratford BC v B&Q Plc (2009) – advised on appeal against improvement notice leading to negotiated outcome; Islington BC v New Look Retailers Ltd. (2009) – defended against two s2 and one s3 HSWA charges plus two Work at Height Reg charges. Client acquitted of all charges after successful half time submission based on R v Chargot and R v Porter (risk), R v HTM (foreseeability) and R v EGS (clarification of Chargot and commentary on prosecution practice); Sandwell MBC v B&Q Plc (2008) – advised on and defended against allegations the consequence of which, if proved, would have negative impact across client’s entire estate of stores. Negotiated plea on store specific basis allowing for minimal fine. Prosecution application for costs of £20,000 successfully reduced on argument to £6,000; Leicester CC v B&Q Plc (2007) – highly complex multi-count case listed for four week trial. Legal arguments on abuse, disclosure and evidential admissibility led to prosecution accepting pleas of guilty on very favourable basis; LB Camden v Sainsbury’s Supermarkets Ltd (2009) – successful due diligence defence to sale of knife to child; Derbyshire CC v Sainsbury’s Supermarkets Ltd (2009) – two week due diligence trial re five sales of alcohol to children over two test purchases. Arguments regarding the applicability of s146 to the corporate seller; Tandridge DC v Faucet Inn Pubs PLC (2009) – successful defence to alleged failure to comply with improvement notice; West Berkshire DC v Superdrug Stores Plc (2009) – advised company on prosecution under Packaging (Essential Requirements) Regulations 2003. Charges withdrawn on receipt of submissions; Enfield LB v Sainsbury’s Supermarkets Ltd (1) (2008) – successful due diligence defence to sale of knife to child; Enfield LB v Sainsbury’s Supermarkets Ltd (2) (2008) – successful due diligence defence to sale of knife to child; Plymouth CC v Sainsbury’s Supermarkets Ltd (2007) – advised company on appeal against conviction for sale of fireworks to child; Hampshire Fire & Rescue v ATS Euromaster Ltd. (2009) – defended in multi-count prosecution under the Regulatory Reform (Fire Safety) Order 2006. Limited pleas on basis to minimise impact upon the Company’s estate of premises; Kent Fire & Rescue Service v B&Q Plc (2008) – advised company on response to Alteration Notice and Appeal pursuant to the Regulatory Reform (Fire Safety) Order 2006. Drafted and agreed in negotiations terms of notice which now acts as pro-forma in all liaison between company and fire authorities; Environment Agency v Barretts (Southern) Ltd (2008) – defended Company on allegations of water pollution.

Career

Qualified 1995; Gray’s Inn. Commenced career at Chambers of Ron Thwaites QC, 10 King’s Bench Walk. Developed a practice defending those accused of serious and organised crime including complex fraud, drugs supply conspiracies and murder. The first of his 12 murder cases he received at five years call and at only nine years call was a leading junior securing an acquittal after a four month drugs conspiracy trial. Moved to the Chambers of Nicholas Haggan QC in 2001 where he established his regulatory practice, bringing him to the attention of his regulatory peers and an invitation to join Crown Office Chambers in 2010.

Languages

Polish.

Member

Health and Safety Lawyers Association; Criminal Bar Association.

Education

St Benedict’s, Ealing; St Dominics School, Harrow; Birmigham Polytechnic (LLB Hons 2(1)).

Leisure

Cycling.

Practice Areas

Crime - corporate; Health and safety; Licensing