Alan’s experience covers Trading Standards, Health and Safety, Food Safety, Environmental law and Licensing. He regularly acts in cases involving the Consumer Protection from Unfair Trading Regulations and Trade Marks Act, receiving instructions on behalf of Trading Standards Departments across the South West and beyond.
He continues to prosecute and defend in the areas of financial and ‘white-collar’ crime, including complex cases of benefit fraud and fraudulent trading.
Alan has considerable experience in conducting complicated confiscation proceedings under the Criminal Justice and Proceeds of Crime Acts. Many of these cases are associated with his trading standards work.
Cases of Interest:
R v Boulter – DVD piracy. Detailed arguments on trade mark law, in particular the impact of R v Johnston;
R v Proctor – Trade marks, counterfeit medicines (inc. Viagra, Cialis etc);
R v Ingram – Serial rogue trader providing “driveway services”, fraud and CPUT regulation offences;
R v Kaminskas – Fraudulent trading, distribution of fake charity bags across the south-west;
R v Presland and Others – three-handed, nationwide fraudulent trading scheme re. leaflet distribution;
R v Tacky Me and others – Large scale production and trade in counterfeit fashion goods;
R v Hunter – International distribution of counterfeit goods (razors, electric toothbrush heads) £2m+ loss;
R v Smith – Fraudulent trading, nationwide mis-selling of road marking services;
R v Mendoza and Girvin – Fraudulent trading and CPUT Regulation offences. Mis-selling of timeshare release scheme targeting previous timeshare ‘victims’;
South Gloucestershire Council v Halfords Autocentres - Defending a prosecution that arose from issues with car servicing detected in a "secret shopper" operation;
R v Tofiq and others – Operation targeting long term, established trade in illegal tobacco products;
Bath and North East Somerset v Jones – Divisional Court, definition of “Pedlar”, illegal street trading.
Health and Safety, Environmental:
R v Firemagic Ltd – Health and Safety, Management and Storage of Explosives Regulations – Explosion at a fireworks warehouse;
R v Mitchell & Butler – Workplace fatality, cleaner falling from a step ladder in restaurant premises;
R v Bookers Cash and Carry – Workplace fatality, worker run over by forklift truck;
R v Sleeman Ltd – Mishandled explosion at a Somerset quarry causing a ‘fly-rock’ incident;
R v Dittisham Recycling Centre – Workplace fatality, working falling from moving tipper truck;
R v Coilcolour Ltd - Legionella contamination in cooling tower used in industrial process;
R v Bryant – Environmental Protection Act. Serial “fly-tipper”;
South Gloucestershire Council v Smiths – Environmental Protection Act, duty of care, escape of waste.
Environment Agency of Wales v Digby Plant Hire Ltd – Environmental Protection Act, illegal landfill site.
Environment Agency v South West Highways – Bridge alterations causing local flooding.
Somerset County Council v Hickman – animal by-products regulations; failure to dispose of sheep carcasses;
North Somerset Council v Wallis – Cattle passport, ear-tag and animal welfare offences. Lifetime ban from keeping farm animals;
Healthcare Commission v Orthopaedic and Spine Specialist Clinic Ltd – Care Standards Act prosecution, private hospital operating outside its terms of registration.
Care Quality Commission v Walker – Care home closure appeal.
T: 0117 311 0307