Viewing: Regulatory for Simon Hunka

Simon accepts instructions on a variety of regulatory and licensing matters. He has developed a reputation as a persuasive advocate who works hard from beginning to end for his clients. His personable manner and true understanding of client care is frequently commented upon by those who instruct him.
He has experience of both alcohol and taxi licensing cases and has given seminars on behalf of the Institute of Licensing. He appears both at hearings before local authority sub-committees and at appeals in the Magistrates Court.
He has a particular interest in regulatory work, having spent the year prior to gaining pupillage working and training with Bernard Thorogood (also of No 5 Chambers) where he gained invaluable experience of a very wide range of regulatory crime, including health and safety, environmental, trading standards, food safety and data protection. He had a significant role assisting in the preparation for a number of cases in the Crown Court and the Court of Appeal.
Since then he has developed experience and a strong reputation in his own right. He has been instructed in cases involving health and safety, environmental protection, noise abatement, food safety, breaches of enforcement notices (and subsequent confiscation proceedings) to name but a few. He is a very experienced Crown Court advocate which often places him at an advantage, particularly in contested cases.
Recommendations
“I would like to state at this point that our prosecuting Barrister, Simon Hunka of No5 Chambers in Birmingham, was superb and was a credit to have on board in what was an extremely complicated case with over one thousand pages of evidence originally. He certainly went into minute detail, and his cross examination of the defendants and their witness was brilliant, he countered everything they came up with and had definitely studied the case in exceptional detail in order to do so. I highly recommend him if the Council need a prosecuting Barrister for any other LA case at all - benefits, council tax, housing, planning, regulatory, anti-social behaviour etc - he is willing and able to cover all aspects of cases for LAs, in both Magistrates and Crown Court.”
Beverley Graham, Benefits Investigations Officer, Melton Borough Council.
Notable Cases
R v G
2010
Counsel for Local Authority prosecuting a landowner for failure to comply with an enforcement notice - involving complex legal issues relating to the statutory defence (s.179(3) Town and Country Planning Act 1990).
R v Orrow and others
Feb-March 2009
Central Criminal Court – Defence – gross negligence workplace manslaughter allegation – representing Production Director – verdicts of not-guilty entered very early in the prosecution case.
R (HSE) v F. J. Chalcroft Limited [2008] EWCA Crim 770
March 12 2008
Court of Appeal - appeal against sentence following Newton Hearing. Fatal fall from height. Consideration of range of sentences in single death health and safety cases.
R v J. P. Pointon and Sons Limited [2008] 2 Cr.App.R.(S.) 82
2008
EWCA Crim 513 Court of Appeal – appeal against sentence – discussion of appropriate bracket for single death workplace prosecution.
R (Natural England) v Wemmergill Moor Limited
January 2008
Durham Crown Court - the most substantial prosecution by Natural England to date, arising from extensive work carried out improperly upon SSSI.
Warwickshire Coroner’s Court
November 2008
For H.M. Mining Inspectorate following death caused by gas in deep coal mine.
Taunton Coroner’s Court
January 2008
For Local Authority in case of death by scalding of infant child in Council house, following failure of thermostat and cold water cistern – boiling water cascaded into bedroom from loft – subsequent to Inquest Improvement Notice withdrawn and no chargesbrought.
Memberships
Middle Temple
Qualifications
BSc (Hons) Dunelm
GDL (College of Law)
BVC (ICSL)