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Background

Tim Pole

Head of Regulatory

Call: 2001

"Tim Pole is a well-regarded health and safety practitioner in the Midlands who acts for local authorities and the HSE, as well as various private sector entities. He has experience handling prosecutions and HSE investigations and navigating through sentencing exercises following serious injury and death."

Chambers UK 2026 (Health & Safety)

"Tim is shrewd, he thinks carefully. I think he is unflappable, and he has the measure of the court as well."

Chambers UK 2026 (Health & Safety)

"Tim is the master of environment health and safety. He is an immensely skilful defender and hugely fair."

Chambers UK 2026 (Health & Safety)

"Tim Pole of No5 Barristers' Chambers is frequently instructed by the Environment Agency to prosecute large and complex environmental crimes. He is an expert in a wide range of regulatory matters, including waste, fire issues and statutory nuisance."

Chambers UK 2026 (Environment)

"As well as being technically sound, Tim Pole also looks at the commercial reality of a situation."

Chambers UK 2026 (Environment)

Tim is head of the Regulatory Group in Chambers and 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.

Expertise

Regulatory

Tim is head of the Regulatory Group in Chambers and 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.

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 has prosecuted and defended industry leading companies such as Severn Trent Water Limited, Muller UK and Ireland Group LLP, Warburtons Limited, Veolia Limited, Tarmac Limited and Poundstretcher Ltd. He has acted on behalf of many of the country’s leading insurers including:

  • Ageas
  • AXA
  • Aviva
  • ESure
  • QBE
  • AIG
  • Zurich
  • RSA
  • Admiral
  • Tesco
  • Liberty

He is regularly instructed at the pre-charge stage, including before coronial proceedings, to advise defendant companies, authorities and individuals subjected to health and safety investigations.

Tim has for many years, been ranked as a Leading Junior by both the Legal 500 and Chambers and Partners. He is currently ranked as (Tier 1) by the Legal 500 for Business and Regulatory Crime (including Health and Safety) and Health and Safety Band 1 by Chambers and Partners

Notable Cases
  • 2025 – Lincolnshire Fire Service and His Majesty’s Coroner
    Represented the fire service following a fatality in relation to an emergency response to a road traffic collision.
  • 2025- HSE v Leeson Polyurethane Limited – Prosecution following large scale explosion at chemical factory resulting in a fatality. Complex case involving experts from a multitude of disciplines. Trial awaited
  • 2025- HSE v Heyrod Construction Limited.
    Prosecuted two – week trial concerning the falling of a steel support on a significant construction site in central Manchester. The company were convicted unanimously by the jury.
  • 2025- HSE V TVM LTD- Prosecution following fatal fall at leisure venue. Trial awaited.
  • 2025 Manchester City Council v One Stop Stores and others.
    Inquest following the fatal fall of a customer resulting from contact with automatic doors.
  • 2024 HSE v Morspan Limited
    Represented company following fatality during the welding process of a steel girder. Was able to advance arguments to move the case in the guidelines from cat 1 high culpability to cat 3 low culpability reducing a fine from 100s of thousands to £50 000.
  • 2024 HSE v Bromsgrove Steel and Storage Giant
    Successfully prosecuted two substantial companies following a serious fall from height.
  • 2023 HSE v 2 Counties Construction Ltd-
    Successfully defended company, powerful mitigation advanced resulting in modest fine following serious fall from height.
  • 2023 HSE v Interior Products Group Limited.
    Defended company following serious injury involving amputation. Was able to successfully mitigate the fine from the HSE’s high starting point.
  • 2023- R v Pringle – A case arising from allegations contrary to the construction and use regulations in an agricultural context. Defendant acquitted following submission at half time.
  • 2022- HSE v B Transmissions Limited – Represented company following serious fall from hight, successfully mitigated to a nominal fine.
  • 2022 HSE v SDF Automotive – Appeared on behalf of administrators Interpath who had taken over the running of the distressed company. Allegations involved serious breaches in relation to the management of asbestos- nominal penalty imposed.
  • 2022 HSE v AES Roofing – Represented defendant company following fall from height. Fine successfully mitigated.
  • 2022 HSE v Custom Insulations Limited – Represented company following serious entrapment Injury on the production line.
  • 2020- HSE v Jami Mosque – High profile case following roof collapse on school children- successful mitigation fine of only £12000 imposed
  • 2018 HSE v S Prosecuted rogue plumber for serious health and safety breaches.
  • 2018- W Council v H Hospitality Limited Defended company facing allegations in relation to management of a leisure complex. Successfully and advised and represented significantly reducing the financial penalty.
  • 2017- Surrey County Council v First Port Retirement Property services Limited – Appeared for local authority involving complex sentencing hearing for convictions in relation to fire safety.
  • 2017- C council v Y Limited- Prosecuted company for failings in relation to the organisation of mass participation leisure event
  • 2017- HSE v M recycling plant limited- led junior in prosecution of large recycling plant failings resulted in fatality.
  • 2017 S Council v P Ltd Prosecuted large national retailer for breaches of health and safety legislation 5 week trial.
  • 2017 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 £2 000 000 at Wolverhampton Crown Court. Further trial to be heard in June 2017.
  • 2017 HSE v Tayto Ltd- Prosecuted leading snack manufacturer sentenced to fine of £330 000.
  • 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.
  • 2016 HSE v Arma Ltd – Successfully prosecuted lengthy trial concerning serious breaches of health and safety regulations in relation to asbestos.
  • 2016 Swindon Borough Council v Poundstretcher Ltd – Successfully prosecuted large national retailer. Trial in relation to the managing director to be heard in Autumn 2016.
  • 2015 HSE v Veolia ES (UK) Ltd- Prosecuted large recycling plant for serious Health and Safety breaches. Fine and costs totalling approx £500 000. New sentencing guidelines utilised.
  • 2015 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.
  • 2015 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.
  • 2015 HSE v T Successfully prosecuted ‘rogue trader’ (Plumber) supplying dangerous gas services.
    2015 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.
  • 2014 HSE v A Represented individual facing allegations of breaching work at height regulations resulting in fatality securing successful outcome.
  • 2014 HSE v H Represented Health and Safety Executive in successful prosecution of gross breaches of Asbestos regulations.
  • 2014 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.
  • 2013 HSE v Company X Successfully prosecuted recycling company for serious health and safety breaches resulting in fine in excess of £50,000.
  • 2012 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 2004.
    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.

    Prohibition and Improvement Notices

    Tim has appeared in a number of appeals before the Employment Tribunal in relation to prohibition and improvement notices.

    Fire Safety

    Tim has acted in a number of cases involving allegations of significant breaches of Fire Safety Law. Tim has particular experience in dealing with allegations arising in the leisure and retail industries.

    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

    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.

    Notable Cases
    • 2016- Birmingham- Instructed to represent abattoir concerning investigation by the F.S.A
    • 2016- Birmingham- Successfully represented meat supplier in relation to allegations of contravention of the Food Safety and Hygiene (England) Regulations 2013.
    • 2014- Kidderminster Magistrate’s’ Court – Successfully represented large food manufacturer facing allegations of regulatory breaches in relation to packaging.

    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). Tim has prosecuted and defended high profile cases in both the Magistrates Court and the Crown Court – he has represented leading companies in the Water Industry and acted for the Environment Agency in some of their most high-profile cases.

    Inquests

    Regularly appears at inquests for 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.

    Notable Cases
    • 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.
    • 2017 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.
    • 2013 Warwick Crown Court R v Hotel. Successfully represented company facing Proceeds of Crime act investigation following a breaches of planning enforcement.
    • 2011 Birmingham Crown Court R v S Successfully appealed against penalty imposed for breach of a Planning Enforcement notice.
    • Birmingham Crown Court 2010 – 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.

    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.

    Notable Cases
    1. 2016- Bracknell Forest Council v J N S LTD- advised large sports company in relation to noise abatement notice.
    2. 2015 MK Council v School R Represented board of governors facing abatement notice in relation to use of floodlit all weather pitch.
    3. 2015 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.
    4. 2014 Leamington Magistrates’ Court Represented care home facing noise abatement notice resulting in negotiated settlement and withdrawal of the notice.
    5. 2013 Birmingham Magistrates’ Court Successfully represented large manufacturing company facing noise abatement notice.

    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 his 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 2002 and in the process recovered sums in excess of £1 million for his clients.

    Notable Cases
    • 2016- Bracknell Forest Council v J N S LTD- advised large sports company in relation to noise abatement notice.
    • 2015 MK Council v School R Represented board of governors facing abatement notice in relation to use of floodlit all weather pitch.
    • 2015 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.
    • 2014 Leamington Magistrates’ Court Represented care home facing noise abatement notice resulting in negotiated settlement and withdrawal of the notice.
    • 2013 Birmingham Magistrates’ Court Successfully represented large manufacturing company facing noise abatement notice.

    Trademarks

    Experience of prosecuting and defending cases concerning infringement of Trademarks and offences contrary to the licensing Act 2003

    Notable Cases

    • 2014 Warwick Crown Court Council v AN Successfully represented global importer facing trademark allegations and subsequent Proceeds of Crime Act investigation.
    • Stafford Crown Court 2011- Council v R Defended successful businessman facing complex trademark offences and Proceeds of Crime Act investigation.
    • Stafford Crown Court 2011- Council v R Defended successful businessman facing complex trademark offences and Proceeds of Crime Act investigation.

    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 2003. 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 where he has successfully represented developers facing such allegations.

    Notable Cases
    • 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.
    • 2011 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.

    Crime

    Tim for many years practiced in general criminal work including cases of Murder, Armed Robbery, Fraud, Sexual Offences, Money Laundering and large scale drugs conspiracies throughout England and Wales. Tim enjoys a national practice operates Chamber’s offices in Birmingham, London, Bristol and Leicester.

    In recent years Tim has specialised in Regulatory Law and Specialist Criminal Work. Tim does not accept work that is subject to public funding but will on occasion accept general criminal cases on a privately funded basis.

    His work in specialist criminal areas has centred around defending directors facing criminal investigations or regulatory/quasi criminal investigations. In the last 12 months he has twice defended directors facing allegations of fraudulent trading. On both occasions he was successful in obtaining acquittals in relation to those allegations. He has extensive experience of Fraud and has prosecuted and defended complex allegations. He has a particular interest in the bringing of Private Prosecutions and has previously been instructed by leading insurers in complex investigations centred around allegations of Fraud.

    He has defended cases prosecuted by the specialist business prosecution unit. He has an extensive knowledge of the Proceeds of Crime Act 2002 including asset recovery and the representation of third parties. He represented appellants in a number of cases in the Court of Appeal that arose as a result of errors made by Customs and Excise in confiscation orders concerning the evasion of duty. This in almost all of the cases resulted in Appellants recovering in full that which had previously been confiscated.

    Motoring Law

    In addition to heavy weight Crown Court work, Tim has a wealth of experience in all aspects of motoring law where he regularly appears in Magistrates’ Courts and Crown courts throughout the country. He regularly deals with cases involving serious injury and fatalities including death by dangerous driving, death by careless driving and causing serious injury by dangerous driving. His experience of such cases has enabled him gain a competitive advantage in understanding and deploying expert evidence in this area. He is instructed on behalf of some of the country’s leading insurers. Tim has also represented private individuals including sports stars, people from the world of entertainment and business leaders. His attention to detail and tenacious approach has enabled him to develop an exceptional reputation in this specialist area. He was commended for his work in this area by Chambers and Partners in 2016. His recent cases include successfully defending Philip Potter the driver in the tragic “Bath Tipper Truck Case.”

    Notable Crime Cases


    Regina v Nathan Lowe

    Nathan Lowe faced an allegation of causing Death by Dangerous Driving, he had admitted causing Death by Careless driving but his plea was rejected by the CPS. He was represented by Tim Pole and following a week long trial was unanimously acquitted. The case required the deployment of complex expert evidence and the meticulous cross examination of the prosecution expert. The result was of great importance to Mr Lowe and his family and was the difference between Mr Lowe maintaining his liberty and a custody sentence measured in years.” Tim Pole is leading specialist in motoring defence.


    CS v Nottingham Trading Standards

    2017
    Successfully defended director and company secretary in relation to allegations of Fraudulent Trading concerning the supply of organic food products. Nottingham Crown Court


    AN v Warwickshire Trading Standards

    Successfully defended director of company charged with Fraudulent Trading concerning weight loss products.


    Regina v Philip Potter

    2016
    successfully defended the driver in one of the most complex investigations carried out in relation to a multiple road traffic fatality. The case involved substantial areas of expert evidence. Bristol Crown Court.


    Regina v Rory Forbes

    2011
    Successfully defended a young man accused of causing death by careless driving. It was alleged that the defendant had failed to properly observe the road ahead before colliding with an oncoming motorcycle. The defendant was acquitted following a 6 day trial. Maidstone Crown Court.


    R v Rajid Hussain et al

    2011
    Instructed to represent main defendant in 21 handed conspiracy to supply class A drugs. Birmingham Crown Court .


    Regina v Julie Henworth

    2010
    Represented defendant in Very High Cost Case concerning large scale cigarette importation and money laundering. Northampton Crown Court


    Regina v Franck Queudrue

    Defended premiership footballer on appeal facing allegations of speeding. Warwick Crown Court


    Regina v Omar Ahmed

    2010.
    Represented defendant in multi handed conspiracy to supply class a drugs and complex proceeds of crime act proceedings. Stafford Crown Court


    Regina v Jordan Carroll

    2008/2009
    Junior counsel in defence of 15 year old charged with high profile murder attracting national media coverage. Stafford Crown Court


    R v Michelle Gayle

    2009
    Defended actress facing motoring allegations.


    R v Mark Davies 2008

    2008
    Defended premiership footballer facing allegations of speeding.


    Regina V Pee et al

    2007
    Defended multi handed complex conspiracy to supply Class A drugs. Stafford Crown Court


    Regina v Walden, Billingham and Billingham

    2006
    Prosecution of multi handed murder Birmingham Crown Court


    Regina v Copthorne Hotel et al

    2005
    Prosecution of the Hotel and others for serious Health and Safety Offences Cardiff Crown Court


    R v Billingham and Billingham 2009 2 Cr Ap R 20

    Previous inconsistent statements.


    R v Shannon (Ian) (2008) EWCA Crim 2131, (2009) 1 Cr App R (S) 95

    Meaning of particularly grave injury.


    Regina v Andrew Currie et al

    2003
    Defended high value armed robbery trial lasting 5 weeks. Worcester Crown Court


    Environment

    Tim is Head of the Regulatory Group, and 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.

    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 recently 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.

    Environmental Law

    Tim regularly appears both for and against the Environment Agency and is considered one of the leaders in the field in relation to enforcement arising out of environmental relation. He has prosecuted some of the most significant cases brought by the Environment Agency on the Midland Circuit in recent years both as lead counsel and junior counsel.

    His vast experience in acting for the Environment Agency provides unrivalled insight and expertise when deployed on behalf of companies and directors facing enforcement ( of any sort) launched by the agency.

    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

    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.

    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

    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 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 2003.

    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 2003. 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.

    Notable Environment Cases


    HSE v PT Ltd

    2018
    Successful prosecution of large wood yard in relation to work place transport.


    HSE v FF Ltd

    2018
    Prosecution of leading packaging manufacturer following accident resulting in life changing injuries.


    HSE v R Limited

    2018
    Large steel manufacturer- failure to guard.


    HSE v S

    2018
    Prosecuted rogue plumber for serious health and safety breaches.


    W Council v H Hospitality Limited

    2018
    Defended company facing allegations in relation to management of a leisure complex. Successfully and advised and represented significantly reducing the financial penalty.


    C Council v Y Limited

    2017
    Prosecuted company for failings in relation to the organisation of mass participation leisure event


    HSE v M recycling plant limited

    2017
    Led junior in prosecution of large recycling plant failings resulted in fatality


    S Council v Poundstretcher Ltd

    2017
    Prosecuted large national retailer for breaches of health and safety legislation 5 week trial. Earlier prosecution in 2015 conducted against same company


    HSE v NC council

    2017
    Instructed to prosecute large council for significant failings resulting in life changing injuries for a member of the public (ongoing).


    HSE v N Council

    Prosecuted large council for longstanding failings leading to significant injuries. (ongoing)


    HSE v Warburtons Ltd x2

    2017
    Successfully prosecuted leading bread manufacturer sentenced to fine of 2 000 000 at Wolverhampton Crown Court and 1.9 million


    HSE v Tayto Ltd

    2017
    Prosecuted leading snack manufacturer sentenced to fine of 330 000.


    S K Council v Losberger UK Ltd

    2016
    Successfully prosecuted significant supplier of event structures. Advised pre-charge and prosecuted case to successful conclusion.


    HSE v Arma Ltd

    2016
    Successfully prosecuted lengthy trial concerning serious breaches of health and safety regulations in relation to asbestos.


    HSE v Veolia ES (UK) Ltd

    2015
    Prosecuted large recycling plant for serious Health and Safety breaches. Fine and costs totalling approx 500 000. New sentencing guidelines utilised


    EA v L, G and W

    2019
    Individual directors prosecuted for significant breaches of permit resulting in two significant fires. One of the largest prosecutions brought by the EA.


    EA v N and A

    2018
    Prosecution in relation to large unlawful waste site.


    EA V C LTD

    2018
    Successfully prosecuted company for significant and complex breaches of permit.


    EA and Natural Resources Wales v TE Limited

    2018
    Successfully prosecuted company at first instance. Company failed to obtain authorisation for deployment of waste on agricultural land.


    R (Private Individual) v Equestrian centre

    2018
    Successfully defended company facing private prosecution brought by wealthy neighbour.


    Bracknell Forest Council v J N S LTD

    2016
    Advised large sports company in relation to noise abatement notice.


    MK Council v School R

    2015
    .Represented board of governors facing abatement notice in relation to use of floodlit all weather pitch.


    High Court Birmingham Coventry City Council v SH

    2015
    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

    2014
    Represented care home facing noise abatement notice resulting in negotiated settlement and withdrawal of the notice.


    S Council v C E ltd

    2018
    Complex prosecution involving legal challenge to definition of “Business Operator.”


    B Council v CY Ltd

    2018
    Defended chain of restaurants facing food safety allegations.


    Inquests, Public Inquiries & Coronial Law

    Health & Safety

    Tim has experience in all aspects of the defence and prosecution of health and safety offences. He has experience of both prosecuting and defending cases involving serious injury and death involving complex expert evidence. 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 is currently instructed to defend in a high profile case of a death as a result of a fall from height.

    Inquests

    Regularly appears at inquests of some of the country’s leading insurers representing companies and families. He has dealt with a wide range of inquests involving complex medical, scientific and reconstruction evidence.

    Tim has extensive experience of inquests before juries where he is able to utilise skills honed appearing in complex criminal cases before specialising in regulatory work

    Tim has 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 and highway maintenance. Tim is also able to draw on his wealth of experience in relation to reconstruction evidence derived from his leading practice in offences involving road traffic fatalities to deal with inquests concerning death caused by vehicles.

    He has regularly appeared on behalf of families and is aware of the sensitivities and care that is required when dealing with such cases. This year he appeared in a lengthy inquest on behalf of the deceased’s family following a death at an agricultural site (see Truro Coroners Court below.)

    He is currently instructed on behalf of a leading property management company with assets in excess of 1 Billion pounds concerning an inquest into the death of a worker crushed to death by a vehicle at a leading midlands retail park (see Birmingham Coroners Court below.)

    Notable Inquests, Public Inquiries & Coronial Law Cases


    2018 Birmingham Coroners Court

    Inquest concerning serious health and safety failings. Represented interests of the deceased’s family.


    2015 Birmingham Coroners Court

    Represented large property company with assets approaching £1 billion- at inquest concerning a death at a large retail site


    2014 Birmingham Coroners Court

    large and complex inquest into the death by crushing of a delivery driver at a large midlands retail park. (ongoing)


    2014 Truro Coroners Court

    Appeared at inquest into a death by electrocution during construction work at agricultural site. I appeared on behalf of the deceased’s family. The deceased had sadly died at a relatively young age leaving behind a dependant daughter and partner. The case had originally been rejected by the CPS in relation to allegations of corporate manslaughter. As a result of evidence revealed during my cross examination of the ,parties that the families held responsible for the death, the case was referred by the coroner to the D.P.P and two companies are now facing Corporate Manslaughter charges which is plainly of assistance to the successful resolution of the families civil claim.


    2014 Leicester Coroners Court

    Appeared at an inquest in relation to a death caused by a vehicle at an agricultural site. This case concerned the tragic death of an 18 month old child. I appeared to represent the interests of the insurers.


    2013 Birmingham Coroners Court

    Represented leading Highway Maintenance company successfully protecting their interests. Case concerned a significant motorway accident and centred around complex reconstruction evidence.


    2012 Stafford Coroners Court

    Appeared at inquest representing individual facing HSE investigation following fall from height. Large scale investigation into the death of a worker on a construction site. The worker was a roofing operative who sadly fell to his death as a result of insufficient edge protection.


    Related News, Resources and Events

    No5 Barristers continued showing in the List of Specialist Regulatory Advocates in Health & Safety and Environmental Law

    News


    No5 Barristers continued showing in the List of Specialist Regulatory Advocates in Health & Safety and Environmental Law

    No5 Barristers’ Chambers is pleased to announce the continued development of its Regulatory team via the most recent release of the List of Specialist Regulatory…

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    Barrister acts for roofing company in Newton hearing after fatal fall from roof

    Barrister Tim Pole, of No5 Barristers’ Chambers, has represented Sandwell Roofing Ltd before Wolverhampton Crown Court following a fatal fall from a roof. The incident…

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    "Tim Pole is highly effective and gets to the crux of things with impressive style and speed."


    "Tim Pole is an accomplished Crown Court practitioner who specialises in cases concerning motoring and regulatory crime. Health and safety prosecutions and confiscations form a particular area of focus."


    "He is very knowledgeable and you know you are in good hands. He is also a pleasure to work with."


    "Tim is a very hard-working barrister who puts every ounce of effort into his cases."


    "'Good communication skills and a very commercial outlook makes Tim an ideal choice for clients. He is good when it comes to paperwork as well as as a courtroom advocate."


    "Tim is an incredibly pragmatic adviser who assimilates cases quickly and is excellent at communicating with clients, prosecutors and judges alike."


    "Tim is a very industrious barrister. He is technically very proficient and always looks for novel solutions for his clients."


    "He is very analytical, smart and helpful. He is a very nice advocate and he deals well with opponents and judges."


    "Tim is commercially astute and affable, and he works hard."


    "He is highly knowledgeable and has a great bedside manner."


    "Tim is dedicated to the client's needs and is a superb lawyer with a powerful court presence. He is a true leader"


    "Tim Pole is very commercial, provides pragmatic solutions to his clients, and is skilful in court, good with the jury and well liked."


    "He is very pragmatic and technically very good." "He’s a really solid performer and well liked by his instructing solicitors." "He is a very good advocate." "He is good with clients and he is tenacious."


    "Tim provides a faultless judgement. He has an excellent eye for the issues that matter, great courage and determination. He always acts in a highly effective manner."


    "Tim’s greatest strengths are found in the combination of superb judgement, hard work, and approachability. Quite simply, he gets to the heart of issues remarkably quickly and takes his client every step of the journey."


    "Very strong commercially and a clear advocate."


    "He is extremely knowledgeable, very efficient and a good advocate. He also has very good client skills." "A real fighter who does not shy away from difficult arguments."


    "An excellent, highly attentive advocate who defends his clients with zest and vigour."


    "He can be helpfully dogmatic and tough in difficult situations: he does not roll over easily but runs with the argument. He’s good at managing expectations and is excellent with clients."


    "He has first-class technical knowledge of health and safety law."


    • Shortlisted for junior Barrister of the Year in 2018
    • Ede and Ravenscroft Middle Temple Student of the Year 2001
    • Sir Joseph Cantley Scholar 2001
    • Sir Robert Micklethwaite Scholar 2001
    • CBA
    • HSLA
    • 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 retains his listing in the highest category namely level A.  He has previously trained health and safety inspectors and experts in relation to case preparation and presentation at Court.
    • BA Joint Hons P.G Dip
    • Fluent in French
    • R v Billingham and Billingham 2009 2 Cr Ap R 20
      Previous inconsistent statements.
    • R v Shannon (Ian) (2008) EWCA Crim 2131, (2009) 1 Cr App R (S) 95
      Meaning of particularly grave injury.

    Related News, Resources and Events

    No5 Barristers continued showing in the List of Specialist Regulatory Advocates in Health & Safety and Environmental Law

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    No5 Barristers continued showing in the List of Specialist Regulatory Advocates in Health & Safety and Environmental Law

    No5 Barristers’ Chambers is pleased to announce the continued development of its Regulatory team via the most recent release of the List of Specialist Regulatory…

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    Barrister acts for roofing company in Newton hearing after fatal fall from roof

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