Simon is one of the few counsel with experience in representing those facing criminal proceedings arising from their ownership or management of care homes, as well as having experience in representing those accused of ill-treating people in their care. He is pleased to be involved at an early stage, prior to interview or charge. Recent instructions include advising a substantial operator of care homes in relation to threats of prosecution apparently made in an attempt to force settlement of a (civil) overpayment claim.
Road Traffic – Regulatory Enforcement
Simon’s practice has always extended to the regulatory enforcement side of road traffic law, including overloading and drivers’ hours cases, breaches of taxi and private hire regulations, and public enquiries before the Traffic Commissioner, including breaches of operators’ licences.
Simon is instructed both to prosecute on behalf of local authorities and to defend those facing proceedings brought by local authorities, in planning, listed buildings, trading standards and environmental health matters, including waste disposal and fly tipping. Simon has experience of both the prosecution and defence of cases involving houses in multiple occupation or unlawful eviction. He has successfully prosecuted and defended a number of high-profile cases involving breaches or alleged breaches of enforcement notices that attracted considerable publicity, including “airport parking” cases.
Recent cases include:
• The defence of a company director accused by a trading standards department of significant fraud and numerous breaches of consumer protection regulations arising out of her directorship of a building company. Simon successfully challenged all of the charges, finding a solution to the case that involved his client instead pleading guilty to an offence under the Insolvency Act that did not result in a custodial sentence; Simon then successfully negotiated his client’s path through the subsequent proceedings under the Proceeds of Crime Act.
• The defence a so-called “rogue builder” accused of fraudulent trading, in which Simon was able to obtain a very significant reduction in the monetary value of the alleged fraud.
• The defence of a client charged under the Housing Act with failing to complete remedial action, in which Simon successfully argued that the proceeds were out of time, resulting in the proceedings’ being dropped.
Simon also advises and represents local authorities, both in judicial review and in appeals to the County Court, made under the Housing Act, with their quasi-judicial review character.
Recent cases include the successful response, on behalf of a local authority, to an appeal made by a litigant in person in a case that required sensitive handling.
In addition, Simon is one of the few counsel sought out to advise and represented local authorities in proceedings under the Mental Health Act.
Simon has significant experience in animal welfare and associated cases, having both prosecuted and defended.
Recent such cases include the successful defence of a farmer accused of mistreating his pigs, and Simon’s reported cases include the successful appeal to the Court of Appeal in Dorset CC v House, in which he successful argued that a farmer (who he had not represented at trial) had been convicted (ostensibly under the Cattle Regulations) of offences not known to law.
His instructions in environmental matters include advising (both pre- and post-charge) and representing clients accused of the destruction of or interference with wildlife habitats.