Richard Kimblin QC

Viewing: Regulatory and Licensing for Richard Kimblin QC

Richard Kimblin QC has practised and specialised in regulatory criminal law throughout his career at the bar and throughout England and Wales. Regulatory work has long been a substantial part of his practice, particularly in environmental litigation. In this respect he is ranked at a ‘Tier 1’ silk by the Legal 500. He is presently instructed in several enforcement cases and in novel POCA litigation in the Court of Appeal.
Realistic advice, focussed on outcome, characterises his leadership of cases, and the cross-examination of experts is his stock in trade.
At trial, he has experience of:
Health (and food) safety
under the principal Acts and their regulations, including breaches of duty resulting in fatality. His experience has produced a close and detailed understanding of the scheme of the legislation, its case law and guidance.
Consumer protection
including misleading price indications, trade description matters, Theft Act cases, property misdescription, Copyright Design and Patents Act, Trademarks Act, licensing matters and underage sales
Environmental
Richard has been instructed in more than 100 regulatory environmental matters including s85 Water Resources Act cases (now under the EPR), both defending and prosecuting, waste cases under Part II Environmental Protection Act. He has long experience of the water and waste industries.
Statutory Nuisance
Richard has succeeded at trial for both operators and local authorities in complex noise cases. He regards noise cases as a specialist area of practice.
Planning
Planning
enforcement matters including: breach of Condition Notice, breach of Enforcement Notice, breach of Stop Notice, criminal proceedings in respect of works to buildings in a conservation area and in respect of listed buildings, breach of undertaking or injunction
Less common offences
Medicines Act, Dentistry Act, Education Act, commons and enclosures, public nuisance
In many of these fields, he has often argued or responded to applications in respect of criminal due process. He takes an equal interest in the technical aspects of the relevant law and the technical or scientific features of the case.
Richard has extensive experience in advising upon and presenting cases based on statutory defences and due diligence defences in particular.
Many regulatory prosecutions result in a guilty plea. Richard is both experienced and adaptable in presenting such cases, taking account of the tribunal and the relevant sentencing practice and costs arguments. He has experience in both the Crown Court and High Court of proceedings to recover the proceeds of crime.
He has experience of appellate work before both the Divisional Court and Court of Appeal.
He has considerable experience in cases for and against regulatory prosecutors including: the HSE, local authorities, the Environment Agency, DEFRA, Commission for Social Care Inspection, Customs and Excise, Insolvency Service of DTI, Department of Work and Pensions.
He has been instructed to represent a wide range of clients from sole traders to public limited companies. In the latter category he has represented FTSE 100 companies in the following sectors: chemicals, leisure, retail and construction.
“An enigmatic silk, whose technical knowledge and stealthy delivery make him perfect for complex cases.”
Legal 500 2019
With a quiet and engaging interpersonal style, I’ve personally seen him systematically and comprehensively destroy every witness that came on the stand.
Client
Richard Kimblin is a formidable advocate with an impressive track record in the criminal courts. He is a highly sought-after junior for matters relating to waste management, minerals and energy. He excels in mitigation due to his concise, confident style, and is the first choice for many.
Chambers and Partners 2010
Notable Cases
R v Clifton Steel [2007] CA;
R v AGC Automotive [2008] CA
Memberships
Planning and Environmental Bar Association
United Kingdom Environmental Law Association
Qualifications
PhD
Royal Society Western European Fellow