"Tim is dedicated to the client's needs and is a superb lawyer with a powerful court presence. He is a true leader"
Legal 500 2024
"Tim Pole is very commercial, provides pragmatic solutions to his clients, and is skilful in court, good with the jury and well liked."
Chambers UK 2024
"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."
Chambers UK 2023
"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."
Legal 500 2023
"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."
Tim Pole has a wealth of experience in dealing with numerous regulatory offences, as well as general criminal work.
Expertise
Crime
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.”
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
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.
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
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.
Regulatory
Regulatory
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
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.
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 Regulatory 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.
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…
Tim Pole of No5 Barristers’ Chambers has prosecuted a waste management company for breaching the terms of its operations. Ryan Colson,35, the owner of Colson…
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 regularly trains health and safety inspectors in relation to case preparation and presentation.
BA Joint Hons
P.G Dip
Post Graduate Diploma in Law, College of Law
Fluent in French, Ecole Superieure du Commerce
Sir Joseph Cantley Scholar 2001
Sir Robert Micklethwait Award 2001
Ede and Ravenscroft Student of the Year 2001
French Fluent
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.
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…
Tim Pole of No5 Barristers’ Chambers has prosecuted a waste management company for breaching the terms of its operations. Ryan Colson,35, the owner of Colson…
Founded over a century ago, we now number over 260 barristers, including 41 silks, and provide a national and international service out of No5’s offices in Birmingham, London and Bristol.
Founded over a century ago, we now number over 260 barristers, including 40 silks, and provide a national and international service out of No5’s offices in Birmingham, London and Bristol.
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