Public and Regulatory News for: Christopher Aylwin

Independent bus operator Abus - which runs bus services in Bristol, Bath, North Somerset and further afield - turned to 3PB’s public and regulatory barrister Nick Cotter when the business faced possible suspension of its licence and closure of the business. Abus’ boss Alan Peters appealed the ruling from the Traffic Commissioner who controls and polices bus and haulage firm licences. The Traffic Commissioner Kevin Rooney had earlier held a public inquiry into the management...

National chambers 3PB Barristers is delighted to announce the appointment of three of its barristers to the list of Specialist Regulatory Advocates in Health and Safety and Environmental Law. David Richards (call 1989), who recently acted in the Cheeki Rafiki case has been appointed to the panel’s A list. Elisabeth Bussey-Jones (call 1997), who has conducted over 200 inquests in her role as a coroner and Tom Horder (call 2004), who has represented parties in...

Judgment was given last week in Dymoke v Association for Dance Movement Pyschotherapy UK Ltd [2019] EWHC 94 (QB) by Mr Justice Popplewell. The case concerned a company limited by guarantee and, in the context of a decision to terminate a member's membership, an argument based on the existence of an implied term concerning the manner of the termination. The trial judge held that an implied term existed. 3PB public and regulatory law barrister Nicholas...

Graham Gilbert examines the relevance of a proposed amendment to the Offensive Weapons Bill currently making its way through Parliament, which will seek to introduce “Knife Crime Prevention Orders". Click here to read Graham's analysis. Click here to view Graham’s profile.

3PB barrister Mathew Gullick was junior counsel for the Justice Secretary in The Queen (on the applications of Hallam and Nealon) v Secretary of State for Justice [2019] UKSC 2 in which the Supreme Court, by a 5-2 majority, has ruled that the definition of “miscarriage of justice” in section 133(1ZA) of the Criminal Justice Act 1988 is not incompatible with Article 6(2) of the European Convention on Human Rights (ECHR) (the presumption of innocence). ...

3 Paper Buildings (3PB Barristers) has continued its expansion with the arrival of Jonathan Underhill who joins chambers as an expert criminal and financial crime barrister from Foundry Chambers (formerly 9-12 Bell Yard). He was called to the Bar in 2008, Jonathan is highly rated for financial crime and POCA cases, regulatory cases and criminal casework. Jonathan is regularly instructed to act for the Specialist Fraud Division of the CPS as well as HMRC most...

Tom Horder has represented a building contractor in a HSE prosecution arising from damage to a gas main. During the subsequent repair works escaping gas ignited. On 6.11.18 At Folkstone Magistrates’ court Southern Gas Networks (the Co-defendant Company) was fined £1.2m and the building contractor £60,000. Click here to view Tom Horder's profile.

Michael Vere-Hodge QC, instructed by Central Bedfordshire Council, successfully prosecuted registered charity and spiritual organisation Science of the Soul. In April 2014, a volunteer was using a scaffolding platform to inspect lighting at the organisation’s main UK site at Haynes Park. The volunteer tragically fell from the scaffolding sustaining fatal injury. Subsequent investigation revealed that the scaffolding tower was fundamentally unsafe and that the nominated supervisor was an elderly gentleman with poor eyesight who was...

In this edition of our Public and Regulatory Newsletter, 3PB Pupils Gabriel Adedeji and Daniel Brown bring you the following articles. Click here to read our newsletter. Daniel Brown on "ICO vs. 'Fitness to Practise' Bodies: Doubling the Punishment" Gabriel Adedeji examines "7 months on: a round up of the cases following 'Ivey v Genting Casinos'" Gabriel Adedeji looks at "Dr Bawa-Garba: the fate of one Doctor" Click here to view Daniel Brown's profile. Click here to read Gabriel Adedeji's profile.

On 18 May 2018 Sunyana Sharma secured the largest financial penalty for the Maritime Coastguard Agency ('MCA') against Sodexo Ltd in the sum of £300,000. The Defendant Company pleaded guilty for failing to operate a passenger vessel, 'Symphony' on the River Thames, with a valid Domestic Ship Safety Management Certificate for a period of 6 weeks. During this period, it had carried approximately 10,000 passengers. For an offence which was contrary to Regulations 6 and 10 of the Merchant Shipping (Domestic Passenger Ships)(Safety Management Code) Regulations...

This case concerned the deaths of 4 sailors. They were the crew of the Cheeki Rafiki sailing from Antigua to the United Kingdom in May 2014. The vessel capsized when 1000 miles off the east coast of the USA after her keel became detached following the failure of the keel/hull attachment. Mr Innes was the managing agent for Cheeki Rafiki. His business Stormforce Coaching Ltd ran her as a commercial charter for races and cruising....

Nicholas Cotter successfully argues exceptional circumstances in a dishonesty case before the Solicitors Regulatory Tribunal. The case involved evidentially challenging any issues of intention relating to third parties and a reasoned approach to the criteria laid out in the case of Sharma in order to preserve the career of a solicitor. Click here to read Nicholas' profile.