Wed, 22 Dec 2021
Ian was instructed by VHS solicitors to appeal a noise abatement notice served on the world renowned West Midlands Shooting Ground. The notice threatened the future of this much loved clay pigeon shooting venue. Ian succeeded in arguing for a variation in the notice allowing the ground to continue to operate within defined parameters to the satisfaction of the operators. Experts were instructed on both sides. Ian is regularly instructed in cases involving alleged statutory nuisance.
Ian prosecuted the Dudley Group NHS Foundation Trust instructed by the Care Quality Commission. The tragic case arose following the deaths of two patients who attended the emergency department at the Russells Hall Hospital from sepsis. District Judge Graham Wilkinson imposed a record breaking fine in excess of £2.5 million pointing out that this was the first prosecution of a hospital emergency department. He described the case as the most important, complex and difficult he had ever had to deal with. Ian has been instructed for many years in medical regulatory cases by both regulators and the regulated.
Ian was instructed as leading counsel, leading Adam Porte (also of No5 Barristers' Chambers), by Geldards LLP on behalf of the multinational corporate OMYA in their action for trespass which was heard in the Technology and Construction Court. The Claimants sought damages after almost 20000 tonnes of waste was covertly dumped by third parties using tippers and heavy machinery on land owned by them in Kent. The dumping avoided the payment of a very substantial sum in landfill tax. Judgment in the full sum claimed was obtained after a trial lasting 8 days. Ian is an experienced trial lawyer and has substantial experience in the law relating to the environment, haulage and landfill tax and other indirect taxes (VAT). Read the full article and judgement here.