Alan Fuller

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 wider Fraud Act offences, 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 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:

Trading Standards:

• R v Proctor – Trade marks, counterfeit medicines (inc. Viagra, Cialis etc);
• 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 Hunter – International distribution of counterfeit goods (razors, electric toothbrush heads) £2m+ loss;
• 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;
• R v Ward-Best – Fraudulent trading. Nationwide mis-selling of ‘nuisance-call blockers’ and associated services. Confiscation benefit £650,000;
• R v Rivers – Fraudulent trading, high pressure sales of burglar alarm systems to the old and vulnerable;
• R v Legacy Windows – Consumer protection, nationwide enquiry into faulty goods and failure to honour consumers’ rights;
• R v Patel and others – Complex money laundering offences arising from the operation of fraudulent college placements;
• R v Buck – Fraudulent trading, ‘rogue’ building services across the South West and South Wales. Confiscation benefit £4.6m.
• R v Flight – Consumer Protection Offences involving rouge landlord.

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 Coilcolour Ltd – Legionella contamination in cooling tower used in industrial process;
• R v BUPA – Death of resident at a care home after a fall whilst unsupervised;
• R v Whirlpool (Court of Appeal) – Workplace fatality after fall from height, sentence in this case was reviewed by the Court of Appeal in a detailed analysis of the Definitive Guideline for Health and Safety Offences etc.;
• HSE v Westdale Services Ltd – 12-year-old boy falling from unprotected scaffold, life-changing injuries;
• R v 3Ds Mining – Workplace injury resulting from rock fall underground;
• HSE v PA Fencing – Workplace fatality involving  an employee crushed as a result of an overloaded telehandler;
• R v Mitie Roofing Ltd – breaches involving access to fragile roofing and consequent fall from height;
• North Somerset Council v Grand Pier Ltd – Elderly woman fatally injured by advertising sign blown over by gale force winds;
• 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.
• Environment Agency v Spencer Farm Partnership – Multiple water pollution incidents

Miscellaneous:

• 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;
• Bath & North East Somerset Council v Al Felafel Ltd – Food safety, allergen labelling, fatality involving 15- year-old girl;
• Devon CC v Bidder – Animal welfare, fitness for transportation;
• R v Harris – Interference with badger setts;
• Care Quality Commission v Dr S Nimmo – Appeal against suspension/closure of GP Surgery.