Tim Pole Regulatory & Licensing

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1 Tim Pole Regulatory & Licensing Tim has a wealth of experience in dealing with regulatory offences. He has appeared in a wide range of cases from Health and Safety to Environmental Offences, Planning breaches Food Safety, Consumer Law and Trademark Offences. APPOINTMENTS Year of Call: 2001 Clerks Senior Practice Manager Andrew Trotter Chief Executive & Director of Clerking Tony McDaid Contact a Clerk Tel: +44 (0) Fax: +44 (0) regulatory@no5.com In 2012 Tim was successfully appointed to the list of Specialist Regulatory Advocates in Health and Safety, Environmental Law and the Office of Rail Regulation. He regularly trains health and safety inspectors in relation to case preparation and presentation. HEALTH AND SAFETY LAW Tim has experience in all aspects of the prosecution and defence of health and safety offences. He has prosecuted and defended in cases involving serious injury and death. He was junior counsel in one of the country s most complex health and safety investigations concerning an outbreak of Legionnaires disease in Wales (see notable cases). He has developed a nationwide practice in relation to health and safety offences. He is regularly instructed in high profile cases by the Health and Safety Executive and a number of local authorities nationally. He has in the last 12 months prosecuted significant companies such as Warburtons Limited, Poundstretcher Ltd and Tayto Ltd. He is regularly instructed at the pre charge stage to advise prosecuting authorities in relation to the bringing of cases and to advise defendant companies and individuals subjected to health and safety investigations (see Notable cases below.) PROHIBITION AND IMPROVEMENT NOTICES Tim has appeared in a number of appeals before the Employment Tribunal in relation to prohibition and improvement notices. FOOD SAFETY AND CONSUMER LAW Tim has significant experience of representing companies, facing allegations of regulatory breaches in relation to food safety, advertising and packaging. He has represented large manufacturers in relation to complex allegations arising from trading standards investigations and investigations by the Food Standards Agency. In particular in relation to claims concerning product origin. He regularly represents and advises local authorities in relation to pre charge and prosecutions concerning complex food safety offences. In the last 12 months his cases have involved representing one of the country s largest meat suppliers. The company faced allegations that it contravened the Food safety and Hygiene (England) Regulations 2013.

2 He represented the company at trial to a successful conclusion. The case involved complex expert evidence from a number of veterinarians. He has prosecuted on behalf of local authorities in complex cases. He recently advised pre charge and prosecuted one of the country s leading suppliers of meats in the north of England stemming from a complex investigation which led to a number of breaches of food safety law. He recently represented an abattoir in relation to allegations concerning its operations at plant and prosecution by the Food Standard Agency. The case involved multiple defendants both corporate and individual. ENVIRONMENTAL LAW Experience in defending businesses facing prosecution by the Environment Agency. With particular experience in cases involving the Water Resources Act 1991 and the Environmental Protection Act (see notable cases). In 2017 Tim is due to prosecute two significant trials on behalf of the Environment Agency concerning significant breaches of waste permitting allegations. INQUESTS Regularly appears at inquests of some of the country s leading insurers. Has dealt with a wide range of inquests involving complex medical, scientific and reconstruction evidence. Tim is able to draw on his wealth of experience in relation to reconstruction evidence derived from his leading practice in offences involving road traffic fatalities. Tim has also been able to draw upon his expertise in relation to Health and Safety Law to assist a wide range of leading companies including those in construction, property management and highway maintenance. PLANNING AND ENFORCEMENT Regularly advisers developers and local authorities in relation to breaches of planning laws and enforcement notices. He regularly represents individuals and businesses at first instance and on appeal in relation to breaches of planning law and enforcement notices. He is also experienced in appeals relating to revocation of waste licences. NOISE ABATEMENT Tim is regularly instructed in appeals against noise abatement notices and offences that arise out of breach of the same. He has appeared in the High Court in relation to applications for injunctive relief as a result of Public Nuisance. PROCEEDS OF CRIME ACT 2002 and FRAUDULENT TRADING Tim is increasingly asked to represent companies facing confiscation applications as a result of regulatory breaches and planning breaches. Tim is an expert in this field please refer to Fraud and Proceeds of Crime Act C.V He also has experience of representing directors facing allegations of fraudulent trading and significant experience of applications pursuant to the Proceeds of Crime Act. He has appeared at first instance and in the court of Appeal in a number of reported cases. He represented appellants in a number of the Chambers Review Cases, the largest review of cases that had been wrongly decided pursuant to P.O.C.A

3 2002 and in the process recovered sums in excess of 1 million for his clients. TRADEMARKS Experience of prosecuting and defending cases concerning infringement of Trademarks and offences contrary to the licensing Act TREES In 2009 he successfully conducted on behalf of Leicester City Council one of the first prosecutions in relation to the breach of a remedial notice issued pursuant to the Anti-Social Behaviour Act The remedial notice having been issued following a complaint to the local authority concerning a dispute in relation to laylandii.(see notable cases). Tim has dealt with allegations concerning breaches of Tree Preservation Orders. QUALIFICATIONS B.A Hons P.G Dip French Fluent RECENT NOTABLE CASES HEALTH AND SAFETY 2018 HSE v S Prosecuted rogue plumber for serious health and safety breaches W Council v H Hospitality Limited Defended company facing allegations in relation to management of a leisure complex. Sucessfully and advised and represented significantly reducing the financial penalty C council v Y Limited- Prosecuted company for failings in relation to the organisation of mass participation leisure event HSE v M recycling plant limited- led junior in prosecution of large recycling plant failings resulted in fatality S Council v P Ltd Prosecuted large national retailer for breaches of health and safety legislation 5 week trial HSE v NC council- instructed to prosecute large council for significant failings resulting in life changing injuries for a member of the public (ongoing.) 2017 HSE v N Council- prosecuted large council for longstanding failings leading to significant injuries. (ongoing) 2017 HSE v Warburtons Ltd- Successfully prosecuted leading bread manufacturer sentenced to fine of at Wolverhampton Crown Court. Further trial to be heard in June HSE v Tayto Ltd- Prosecuted leading snack manufacturer sentenced to fine of

4 2016 South Kesteven District Council v Losberger UK Ltd- Successfully prosecuted significant supplier of event structures. Advised pre-charge and prosecuted case to successful conclusion HSE v Arma Ltd - Successfully prosecuted lengthy trial concerning serious breaches of health and safety regulations in relation to asbestos Swindon Borough Council v Poundstretcher Ltd - Successfully prosecuted large national retailer. Trial in relation to the managing director to be heard in Autumn HSE v Veolia ES (UK) Ltd- Prosecuted large recycling plant for serious Health and Safety breaches. Fine and costs totalling approx New sentencing guidelines utilised S K Council v Poundstretcher Ltd - Advised and led the prosecution against national retailer resulting in convictions in relation to all allegations concerning breaches of health and safety legislation Smith Francis Tools v HSE Successfully represented the Health and Safety executive in a week long hearing resisting the appellant company s appeal against an improvement notice HSE v T Successfully prosecuted rogue trader (Plumber) supplying dangerous gas services HSE v Company B ltd et al- Successfully prosecuted company and individual facing health and safety breaches as a result failing to employ safe systems of work in the handling of live stock resulting in a fatality HSE v A Represented individual facing allegations of breaching work at height regulations resulting in fatality securing successful outcome HSE v H Represented Health and Safety Executive in successful prosecution of gross breaches of Asbestos regulations HSE v C Represented Health and Safety Executive in prosecution of plumber who had breached gas safety regulations resulting in a prison sentence for the defendant HSE v Company X Successfully prosecuted recycling company for serious health and safety breaches resulting in fine in excess of 50, HSE v SA Warley Magistrates Court Successfully defended commercial landlord facing breaches in relation to the gas safety (installation and use) regulations 1998 and alleged breaches of enforcement notices in relation to the Housing Act R v Copthorne Hotel et al Cardiff Crown Court 2005 Prosecution junior in gross negligence manslaughter trial jointly prosecuted by the HSE and CPS. The case concerned one of this country s largest ever outbreaks of Legionnaires disease. A complex case concerning breaches of Health and Safety law by individuals and corporate bodies.

5 INQUESTS 2018 Birmingham Coroners Court- Inquest concerning serious health and safety failings. Represented interests of the deceased s family Birmingham Coroners Court- Represented large property company with assets approaching 1 billion- at inquest concerning a death at a large retail site Truro Coroners Court Appeared at inquest into death by electrocution during construction work at agricultural site Leicester Coroners Court Appeared at inquest in relation to death caused by a vehicle at agricultural site Birmingham Coroners Court Represented leading Highway Maintenance company successfully protecting their interests Stafford Coroners Court Appeared at inquest representing individual facing HSE investigation following fall from height. FOOD SAFETY AND CONSUMER LAW Birmingham- Instructed to represent abattoir concerning investigation by the F.S.A Birmingham- Successfully represented meat supplier in relation to allegations of contravention of the Food Safety and Hygiene (England) Regulations Kidderminster Magistrate s Court - Successfully represented large food manufacturer facing allegations of regulatory breaches in relation to packaging. WASTE AND PLANNING 2018 EA and Natural Resources Wales v TE Limited successfully prosecuted company at first instance. Company failed to obtain authorisation for deployment of waste on agricultural land EA v S successfully prosecuted large waste transfer centre for failing to comply with permit 2015 Harrow Crown Court - Represented developer facing allegations of breaching an enforcement notice in relation to the unlawful conversion of a dwelling house into apartments (see poca cases.) 2014 Planning Hearing - Represented waste transfer company in appeal against revocation of waste licence Warwick Crown Court R v Hotel. Successfully represented company facing Proceeds of Crime act investigation following a breaches of planning enforcement Birmingham Crown Court R v S Successfully appealed against penalty imposed for breach of a Planning Enforcement notice. Birmingham Crown Court Environment Agency and AM Defended the owner of a bio-diesel plant facing allegations of polluting the local watercourse. The case involved complex analysis of expert evidence and specialist knowledge of environmental law.

6 NOISE ABATEMENT Bracknell Forest Council v J N S LTD- advised large sports company in relation to noise abatement notice MK Council v School R Represented board of governors facing abatement notice in relation to use of floodlit all weather pitch High Court Birmingham Coventry City Council v SH Advised and led councils application for an injunction in the High Court in relation to public nuisance which had not been abated by the issuing of and prosecution for breach of Abatement Notices. Injunction and costs granted Leamington Magistrates Court Represented care home facing noise abatement notice resulting in negotiated settlement and withdrawal of the notice Birmingham Magistrates Court Successfully represented large manufacturing company facing noise abatement notice. TREES 2015 R v Company AH Walsall Magistrates Court - successfully represented large property development company facing allegations in relation to breach of tree preservation orders successfully mitigating to ensure minimum penalty T.P.O Advised leading developer in relation to allegations of breaching Tree Preservation Orders. Leicester City Council v RM 2009 Enforcement of a remedial notice issued pursuant to the Anti-Social Behaviour Act. The case concerned the failure of a homeowner to comply with a remedial notice and was one of the first prosecutions brought in relation to this aspect of the Anti- Social Behaviour Act. PROCEEDS OF CRIME ACT 2002 AND FINANCIAL REGULATION 2015 Harrow Crown Court- Successfully represented a developer facing proceeds of crime act 2002 application. Favourable negotiated settlement Warwick Crown Court - Successfully represented hotelier facing proceeds of crime act investigations as a result of breaching a planning enforcement notice Warwick Crown Court Council v AN Successfully represented global importer facing trademark allegations and subsequent Proceeds of Crime Act investigation R v S Ipswich Crown Court Represented large finance house in relation to applications pursuant to the Proceeds of Crime Act. TRADEMARKS 2014 Warwick Crown Court Council v AN Successfully represented global importer facing trademark allegations and subsequent Proceeds of Crime Act investigation.

7 Stafford Crown Court Council v R Defended successful businessman facing complex trademark offences and Proceeds of Crime Act investigation. Stafford Crown Court Council v R Defended successful businessman facing complex trademark offences and Proceeds of Crime Act investigation. RECOMMENDATIONS Tim Pole Barrister Mob: TP@no5.com "He's very personable and good with clients." Chambers UK, 2018 An astute and articulate young barrister. Legal 500, 2017 Has an active Crown Court practice that slants towards regulatory and specialist crime areas. Road traffic collisions, health and safety prosecutions and confiscations all fall within his remit, though he also handles serious general crime cases as well. Strengths: "He's extremely good with clients, very hard-working and diligent. He is dogged in his representation of clients and has excellent advocacy skills." Chambers UK 2017 A strong Crown Court performer who is known for his regular appearance in cases related to serious and fatal road accidents. Other major matters have included a complex drugs conspiracy and a multi-person conspiracy to kidnap trial. Strengths: "Extremely experienced and client-friendly." Chambers UK 2016 Receives regular instructions for both defence and prosecution in all areas of serious crime, from violent crime to fraud. He also has a strong regulatory practice, and acts in environmental offences. Strengths : "He is very commercially aware. He understands the commercial implications of charges against businesses." Chambers UK 2015