Viewing: Regulatory for Tim Pole

Tim is Joint Head of the Regulatory Group.
Tim 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.
Recommendations
“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.”
Chambers UK 2020
“He has first-class technical knowledge of health and safety law.”
Legal 500 UK 2020
“Approachable, confident in what he does, and has a fantastic depth of knowledge.”
Chambers UK 2019
“Meticulous, with a great client manner.”
Legal 500 2019
“He’s very personable and good with clients.”
Chambers UK 2018
Junior Barrister of the year 2018
Recommended in Chambers and Partners and Legal 500 since 2015
Notable 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.
ENVIRONMENT AND PLANNING
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.
NOISE ABATEMENT
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.
FOOD SAFETY AND CONSUMER LAW
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.
Appointments
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.
Awards
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
Memberships
CBA
HSLA
Qualifications
B.A Hons
P.G Dip
Languages
French Fluent

Latest News & Publications

Barrister Tim Pole, of No5 Barristers’ Chambers, has represented Sandwell Roofing Ltd...

Date: Thu, 20 Jun 2019
Tim Pole prosecutes waste firm over operating breaches...

Date: Fri, 03 Aug 2018
Tim Pole acts for Health and Safety Executive as packaging manufacturer fined...

Date: Mon, 23 Jul 2018