Regulatory, Disciplinary, Environmental, Health & Safety Barristers

Trinity Chambers' Regulatory group is made up of highly experienced tribunal advocates who adopt a forensic approach to the issues having frequently acted on behalf of both individuals and public bodies in such proceedings. The group also benefits from including King's Counsel - Toby Hedworth K.C. and Caroline Goodwin K.C.

The Regulatory barristers have defended and prosecuted hearings involving HM Revenue and Customs, Trading Standards, Health and Safety Executive, UK Border Agency, Civil Aviation Authority, food safety, marine safety, environmental protection and data protection. The Regulatory barristers deal with private prosecutions/injunctions for a wide range of commercial organisations, including retailers, regulatory bodies and charities.

Members of the Regulatory team also deal with civil fraud, including mortgage fraud and other aspects of white collar financial crime.

Given the breadth of experienced practitioners within Trinity, expertise is also available to deal with Judicial Review and other public law matters arising from Regulatory proceedings.

Whilst the group is geographically focused in Newcastle, Teesside, Leeds and Durham, barristers from the group are regularly instructed by solicitor clients from across the North Eastern and Northern Circuits, and beyond.

Members of the Regulatory group frequently provide online and in person training events to its solicitor clients as well as in-house legal teams, Local Authorities, and private businesses.

Members of the Regulatory group are consistently mentioned in the Legal 500 and Chambers & Partners directories.

Areas of Expertise

Trinity’s Regulatory team includes barristers and Silks who deal with both Civil and Criminal Health & Safety matters. This ranges from minor Health & Safety breaches to fatal cases and allegations of corporate manslaughter and gross negligence. The team deal with cases heard in the Magistrates, Crown and Appellate Courts. The team deal with prosecutions brought by the Health & Safety Executive and Local Authorities and act on behalf of individuals, insurers and a range of corporate entities and businesses.

  • Health & Safety Executive (HSE)
  • Fire Control
  • Marine Regulation
  • Corporate Manslaughter
  • Gross Negligence
  • Accidents at Work
  • Local Authority Prosecutions

Many of the barristers in the Regulatory team are instructed in Coroner’s Inquests representing both families and also public bodies such as NHS Trusts, Police Authorities and Local Authorities in addition to private companies. In such cases the barristers frequently become heavily involved with the pre-Inquest stages including disclosure and expert evidence. The Inquest barristers are often instructed as part of wider civil, criminal, family and/or disciplinary proceedings such as personal injury/clinical negligence, death in custody, death by dangerous driving, fitness to practise, misconduct and child neglect.

  • Jury Inquests
  • Death in Custody
  • Fatal Accidents
  • Road Traffic Accidents
  • Work Accidents
  • Industrial Disease
  • Medical Accidents
  • Pre-Inquest Hearings
  • Armed Forces Deaths
  • Homicide & Manslaughter

The Regulatory barristers have experience of appearing before various disciplinary proceedings including misconduct hearings and in representing professionals such as university lecturers, teachers, accountants and pharmacists. Some members of the Regulatory group have dealt with sports disciplinary proceedings.

The barristers in the professional discipline team recognise the significant implications an adverse finding in relation to, for example, fitness to practise hearings can have on a Registrant’s career.

Whilst the barristers in the disciplinary team act on behalf of Registrants, they also sit as advisors to various disciplinary panels and are familiar with all aspects of the Police, NMC, HCPC, GMC and other regulating bodies’ rules and procedures.

The professional discipline barristers deal with fitness to practise hearings, interim hearings/orders, inquiries and disciplinary tribunals.

The specialist professional discipline barristers deal with hearings before the Nursing and Midwifery Council (NMC), the General Medical Council (GMC) via the Medical Practitioners Tribunal Service (MPTS) and the General Dental Council (GDC). The professional discipline barristers also deal with hearings before the Health and Care Professions Council (HCPC), that regulates a wide range of health and social care providers including occupational therapists, physiotherapists, paramedics, radiographers, chiropodists, podiatrists, dieticians, social workers and speech and language therapists

  • Fitness to Practise
  • General Medical Council (GMC)
  • Medical Practitioners Tribunal Service (MPTS)
  • General Dental Council (GDC)
  • Nursing & Midwifery Council (NMC)
  • Health & Care Professions Council (HCPC)
  • Teaching Misconduct
  • Sports Tribunals

Barristers in the team have extensive Police regulatory experience working with many of the legal departments of the region’s Police Authorities. The team act on behalf of Police officers at mis-conduct hearings, with some members acting as presenting officers. Often there is overlap with Trinity’s substantial Employment Law team. The barristers also act in Coroners’ Inquest cases involving the Police including death in custody and deaths involving Police vehicles.

  • Police Disciplinary/Misconduct
  • Death in Custody
  • Coroners’ Inquests
  • Malicious Prosecution
  • Misfeasance in Public Office
  • Disclosure

Members of the Regulatory team are instructed by individuals, businesses and public bodies including Local Authorities in a wide range of environmental protection matters. These areas often cross over into planning law, licensing, housing law and criminal prosecutions.

  • Fly Tipping & Littering
  • Waste Management & Landfill
  • Contaminated Land
  • Hazardous Substances
  • Agriculture & Fisheries
  • Planning Breaches
  • Environmental Impact Assessments
  • Statutory Nuisance
  • Noise Abatement
  • ASBO Applications

Trinity’s team of Regulatory barristers includes members with extensive experience of both defending and prosecuting trading standards and consumer protection issues, regularly acting on behalf of sole traders, businesses, individuals and public bodies such as Local Authorities. Their practice covers criminal and civil cases from the Magistrates and County Courts to the Appellate Courts and include matters which have been the subject of Judicial Review.

  • Food Safety
  • Trading Standards
  • Trade Descriptions
  • Product Safety
  • Street Trading Offences
  • Building Regulation Breaches
  • Enterprise Act
  • Data Protection
  • Illegal Money Lending
  • Financial Mis-selling

UK and international businesses and entrepreneurs operating in, or expanding into, the legal cannabis product sector face many regulatory issues in this rapidly evolving sector requiring expert legal advice and representation.

Trinity's Regulatory team advise on a wide range of issues relating to the regulation of legal/medicinal cannabis, industrial hemp, and cannabidiol (CBD) related products, including licensing, enforcement, advertising, storage, distribution and importation (including condemnation proceedings).

Team members also have experience in investigations and enforcement proceedings brought against hemp and CBD related businesses including manufacturers, retailers and distributors. Conversely, team members are also experienced in bringing litigation against licensing and governmental authorities on behalf of CBD/hemp companies.

Many of the issues and challenges in this sector cross over with Chambers’ other practice areas such as Criminal, Judicial Review, Commercial Litigation, Civil Liberties and Human Rights, Planning, Licensing and International.

Areas covered include:

  • CBD, hemp and medical cannabis licensing
  • The application of the Exempt Product Criteria (EPC) to products
  • Novel food authorisation
  • The National Institute for Health and Care Excellence (NICE), Food Standards Agency and Trading Standards
  • Criminal law - Misuse of Drugs, Money Laundering and Proceeds of Crime
  • Judicial Review
  • Contractual and consumer protection issues

Members of Trinity's Regulatory team are instructed in relation to both civil and criminal public law aspects of financial services and allegations of fraud, dealing with cases in the Magistrates and County Courts, through to the Crown, High and Appellate Courts and include matters which have been the subject of Judicial Review. The team acts for a wide range of clients including company directors, accountants, solicitors, financial advisers, tax advisers, corporate organisations, as well as public and regulatory bodies. They are instructed in urgent matters such as injunctions, production orders and the execution of warrants. Several barristers in the group are on the Government Legal Department's (formerly Treasury Solicitor) Panel of Regional Counsel.

  • HM Revenue & Customs
  • Department of Work & Pensions (DWP)
  • Upper Tribunal (Tax and Chancery)
  • UK Border Agency
  • Public Interest Immunity Disclosure
  • COVID19 Furlough Fraud
  • Judicial Review
  • Human Rights
  • Asset Recovery
  • Cash Forfeiture
  • Proceeds of Crime
  • Money Laundering

Organisations and businesses can face a wide range of internal issues that require investigation by an independent third party, including allegations of discrimination, misconduct, racism, bullying, sexual harassment, theft and fraud.

Crossing over with Regulatory, Criminal, Commercial, Employment and Discrimination practice areas, Trinity Chambers has the expertise and experience to establish facts and advise employers and employees accordingly. A thorough and impartial investigation demonstrates to both internal and external stakeholders strong governance and rigour and can be the best course of action to minimise day-to-day disruption, manage risk, and protect an organisation or business' reputation.

Offering a bespoke service, members of Trinity’s Investigations team can address both potential and actual situations as they develop within an organisation or business. The team can assist with early assessment, interviews, document review and report writing, as required. Trinity’s specialist team can continue to provide pragmatic support should a matter develop into an external investigation involving regulatory bodies or the police.

Whilst based in the North East of England, Trinity’s K.C.s and barristers are able to work across a number of jurisdictions, including internationally.