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Tim Green

Tim Green

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Tim Green specialises in health and safety law, environmental work and financial investigations. His clients include FTSE 100 companies and their officers. Appointed as a part—time Circuit Judge at 39 years old, Tim has been consistently recommended by the legal directories for combining the highest quality advocacy and legal analysis, with an approachable and open style.

Tim was awarded the prize “Health and Safety Barrister 2016” by The Lawyer Monthly magazine. In the last two years he has been instructed to defend or prosecute 25 cases involving death or serious injury at work. He is typically against QCs and appears in cases attracting national media interest. Tim has a strong grounding in the responsibility of large companies and their directors for sub-contractors and long experience cross-examining expert witnesses. Tim’s health and safety work includes regular instructions to appear at the Coroner’s Court. He frequently represents large public bodies, companies and families of the deceased where Article 2 of the HRA 98 is engaged. Tim’s health and safety clients include many of the leading national and international firms in the field and he is regularly asked to deliver training for the Health and Safety Lawyers Association.

Tim has been recognised as one of the UK’s leaders in environmental law since he successfully appeared for the defence in the leading waste case of EA v Thorn International [2008] EWHC 2595 (Admin). In the last eight years, he has received multiple instructions to advise and defend the UK’s largest environmental concerns and their directors accused of serious environmental infringements. Tim is currently instructed in a precedent – setting use of the EA’s powers under the Producer Responsibility Regulations; allegations of dumping massive quantities of flammable waste creating category 1 environmental harm; and complex commercial litigation where his advice on the application of environmental law will be decisive. Tim has been instructed to bring numerous private prosecutions under the Water Industry Act on behalf of a very large utility company and is a contributing editor to LexisNexis PSL on waste law.

Tim frequently advises and represents large commercial concerns facing investigation by the FCA, SFO, HMRC, Trading Standards and other financial regulators. In 2012 Tim was seconded to a “Technical Specialist” role at the Legal Review Team in the FCA Enforcement Division where Tim led FCA enforcement activity against banks, hedge funds, investment houses and senior managers. He now has a strong understanding of FCA principles, rules, processes and powers and is an editor of the Lexis Nexis Encyclopaedia of Financial Services Law. Recent instructions include advising one the UK’s largest claims management companies in respect of regulatory enforcement, and an off-shore gaming firm on multi-jurisdictional regulation.

In a unique role, Tim has been delegated the powers of the Attorney General of the Isle of Man in respect of a complex cross-jurisdictional tax and money laundering investigation. As a result, he has a good knowledge of AML law, the rules of beneficial ownership and financial regulation in various off-shore financial centres. Tim is a contributing editor to the latest edition of “The Proceeds of Crime” by Millington and Sutherland Williams writing the chapters on money laundering and suspicious activity reports.

Business Crime

Recent business crime instructions include the following:

Re Peer to Peer Lending 2017

Advising a large US investor on the FCA rules governing P2P lending platforms and associated regulation.

In Re Claims Management Co. 2016

Advised one of the UK’s largest claims management in respect of its obligations under the Enterprise Act pursuant to an investigation by trading standards officers.

In Re Transport Commissioner and B Ltd 2016

Advised and represented a FTSE 100 company before the Transport Commissioner in respect of claims of fraud and breach of vehicle licensing regulations.

In FCA v R Ltd 2016

Advised and represented a very well-known internet brand in respect of an FCA investigation into miss-selling of shares and capital.

Re Offshore Gaming Co. 2016

Advised regarding asset tracing and offshore gaming law in the context of heavy commercial litigation arising out of a shareholder dispute.

Re Brydge 2015

Advised venture capitalist firm on the law, principles and rules governing a complex and novel investment scheme.

Re Consumer Credit Licences 2015

Advised three US lenders on the relevant law, FCA principles and rules applicable to consumer credit licences for “payday loans”.

Re H UK Limited 2015

Advised UK investment firm with $1bn under management on acquisition of claims management company and compliance with FSMA and the FCA Handbook.

Re Investment Co 2015

Advised an investment company on the application Prospectus Rules and issue of mini-bonds P2P lending.

Re the FSCS 2014

Represented multiple investors on a successful challenge to the FSCS following liquidation of  regulated firms.

Re a major health insurer 2014

Successfully advised a leading private health insurer on the application of FCA Handbook to sale of insurance products to schools.

Re a leading solicitor’s firm 2014

Successfully advised a leading solicitor of the application of CIS rules to sale of apartments to investors in China.

Operation S 2014

Led and advised an investigation into fraud and financial wrong doing by company directors in an OFC. The investigation was highly sensitive and linked to the prosecution of prominent law officers in the jurisdiction.

 

Proceeds of Crime

Tim has been recommended as a leader in the field of proceeds of crime work by Chambers & Partners since the category was created in 2009.

He specialises in high value complex cross-border restraint, confiscation, cash forfeiture and civil asset recovery, frequently acting for interested third parties. Tim advised the Gambling Commission on its first ever prosecution for money laundering and served as a member of the national committee of the Proceeds of Crime Lawyers Association for four years. He has led the use of remedial orders and compensation as an alternative to confiscation in environmental proceedings and has advised on the application of POCA to proceedings for infringing trading standards, food safety and before the Traffic Commissioner.

Tim has a special interest in money laundering, cross-jurisdictional AML and the regulated sector. He is a contributing editor of “The Proceeds of Crime” by Sutherland Williams and Millington in the areas of money laundering and suspicious activity reports.

Recent instructions in proceeds of crime work include:

Re Restraint/cash forfeiture in Operation B 2017

Multi-jurisdictional restraint and cash forfeiture arising out of a global investigation in tax evasion and money laundering. Focus on off-shore financial centres. Achieved a precedent-setting judgement regarding use of civil cash forfeiture powers during concurrent criminal investigation in another jurisdiction.

EA v Singh and Bhagria 2016

Confiscation of £3m following large scale environmental crime.

Re S Southwark CC 2015

Unusually complex case to challenge a confiscation order made against a defendant where his assets were separately the subject of bankruptcy proceedings in Lichtenstein.

Re Patel Leicester CC 2014
Tim was briefed post-conviction to successfully defend a hidden assets claim worth £2.2m.

Health, Safety & Environment

Recent health and safety instructions include the following:

HSE v BRL 2017

Defended a roofing company where very significant risks from working at height led to HSE prosecution.

HSE v P Ltd 2017
Defended a large German manufacturing concern in respect of an HSE prosecution arising out of serious injuries caused in a complex manufacturing process.

HSE v RMC Limited 2017

Defended a large ground working contractor in respect of HSE prosecution arising from flailing accident on construction site.

HSE v PP Ltd 2017
Defended a family firm of surveyors in respect of very old allegations made by the HSE of breach of HSWA/CDM regulations arising out of a collapsed building causing very serious injuries to groundworkers.

HSE v Downes and others 2017

Instructed by HSE to prosecute both roofer and farmer where barn reconstruction project led to electrocution of roofer from overhead power cables.

HSE v Deaney Nottingham CC 2017

Instructed by HSE to prosecute an individual care worker where lack of attention at work led the death an adult with learning disabilities.

HSE v Roxel Motors Limited Worcester CC 2016
The first prosecution under R9 of the Controlled Management of Major Hazard Regulations following accidental ignition of the rocket charge at a factory for manufacturing missiles for the defence industry.

Re an Inquest Bristol 2016

Advising a roofing company pre-charge on all aspects of interview, disclosure and evidence to meet joint Police/HSE investigation into corporate manslaughter.

HSE v Kier MG and others Lincoln CC 2016

Prosecution of a complex contractual matrix of companies following serious injury at work during sophisticated excavation work.

Re Inquest Cardiff 2015

Inquest into death of a tenant living in a block of flats by falling from roof garden where Tim represented Cardiff Community Housing Association (“CCHA”). By his careful cross-examination of the deceased’s boyfriend and his admission of hitherto unused material, Tim persuaded HSE to end the investigation into CCHA. Instead Cardiff Police started investigation into perverting course of justice against the boyfriend.

Re Inquest Nottingham 2015

Represented the family of a deceased railway worker hit by a train during routine maintenance. Succeed in admitting evidence leading to prosecution by ORR and obtained a future death prevention report.

R v Martin Harrow CC 2015

Tim successfully defended an HGV driver against prosecution for death by dangerous driving/death by careless driving following an accident at work where pedestrian killed. By using expert evidence to showing that the driver could not have seen the pedestrian, irrespective of his mobile telephone use whilst driving, Tim secured an acquittal by the jury in just 13 minutes.

HSE v E Ltd and T Ltd Maidstone CC 2015

Complex engineering works collapsed on a ground worker causing very serious injuries and leading to an investigation into two very well-known infrastructure companies.

HSE v R Ltd Worcester CC 2015

Tim has been instructed in a uniquely difficult and sensitive investigation where the rocket of a missile supplied to the defence industry inadvertently ignited leading to an alleged breach of the Control of Major Hazard Regulations.

HSE v The Sandwich Factory and Nicholson Warwick Crown Court 2015
Serious injury at a large logistics depot leading to prosecution of company and its operations director.

HSE v EMR and Cheesmans Warwick Crown Court 2015

Death at a scrap metal yard arising from the use of an unsafe specialist sub-contractor.

HSE v Western Park Leicester Crown Court 2015

An avoidable death in care home led to investigation and prosecution generating significant media comment.

Re an Inquest Nottingham 2014

A rail worker was killed when hit by a high speed train outside Doncaster Station. Tim was instructed by the family and by robust cross-examination over four days. He was able to show that the deceased was inadequately supervised by his employer and that rail maintenance contract was poorly managed. This directly led to HSE charges against supervisor and future death prevention report from the Coroner.

HSE v E2 and others Stafford Crown Court 2014

Multi-handed case against QCs arising from death on a building site caused by failure to fit proper scaffolding. Issue over use of s20 HSWA powers against a convicted co-defendant and admissibility of subsequent evidence.

HSE v Chestnut Homes and Tute Lincoln Crown Court 2014

Death at work on a building site caused by regulatory failure of a large building company and its foreman. Tim’s opponents included QCs leading experienced juniors. Four experts instructed. Successful in pre-trial disclosure applications and in securing £140,000 costs award.

 

Environmental

Recent environmental instructions include the following:

EA v P Ltd 2017

Defending a company accused of unlawful waste operation by breaching registered exemptions. Highly sensitive reputational issues.

EA v S Ltd 2017

Representing large sized environmental concern in appeal against the granting of an environmental permit.

EA v N Ltd 2017

Instructed in appeal against precedent setting use of EA powers to refuse to accredit a waste reprocessing company under the Producer Responsibility Regulations.

EA v A Ltd and directors 2017

Instructed by the EA in respect of unlawful storage of huge quantities of highly flammable waste creating serious risk of category 1 pollution event (very large fire in an urban area beside A roads).

EA v M Co and others 2017

Instructed by EA to prosecute UK’s largest glass recycling company following large scale pollution of sensitive ground waters.

Re a Very Large Transport Undertaking 2016

Tim is currently providing advice to a very large transport company concerning the application of environmental law to a complex and high value commercial dispute. Working with a team of specialist lawyers, Tim’s advice has already been decisive in achieving a substantial settlement of part of the dispute in favour of his client.

EA v Mann Waste Management Co and director 2016

Advised and represented large scale waste management business and director following EA investigation into very large scale dumping of commercial waste for profit.

EA v WS 2016

Advised and represented company director following sensitive investigation into water pollution.

EA v S and B Manchester CC 2016

Five day confiscation hearing against company directors for massive waste crime with criminal benefit said to be £3m.

Re a soil company and directors 2015

Tim was retained pre-charge to advise a leading soil company and its directors on how to respond to multiple Environment Agency [“EA”] investigations. After negotiations and representations led by Tim, the investigation was discontinued without charge.

Hemming MP v Birmingham City Council 2015

Tim was instructed by Birmingham City Council to defend it at trial and in the Administrative Court and Court of Appeal against high profile allegations made by John Hemming MP that the Council’s policy of charging for green waste collections was leading to massive fly-tipping and therefore unlawful. The Council resisted the complaint at each stage of proceedings and was awarded its costs.

EA v UWMLS and others Worcester Crown Court 2015

EA prosecution of corporate defendants for deliberate and commercial dumping of hazardous waste over two years to achieve a saving of £3.2m in landfill charges. Directors indicted for consenting to the unlawful waste operation undertaken by their respective companies. Precedent-setting confiscation proceedings against directors by the EA for confiscation worth £3.2m.

EA v Greyhound Ltd and others Shrewsbury CC 2014

Following convictions for the unlawful deposit of waste on land in Shropshire, Tim pioneered the first use of remedial orders as an alternative to confiscation.

Re Severn Trent Water 2012-2014

Tim was instructed five times to bring private prosecutions for Severn Trent Water Limited against clients of Severn Trent for serious injury and interference with the waterways and sewer networks.

Financial Services

Recent financial services  instructions include the following:

Re A Claims Management Company 2016

Defence of one of the leading Claims Management Companies in the UK following investigation by trading standards.

Re TMMP 2016

Tim is advising the partners of a very known retain financial advisor on a s165 FSMA investigation, disclosure to the FCA and stage 1 negotiations for a settlement.

Re OPR Ltd 2016
Defence of a well-known company and its directors following FCA investigation for breach of the Prospectus Rules.

Re Offshore gaming 2016
Advice regarding asset tracing and offshore gaming law in the context of heavy commercial litigation arising out of a shareholder dispute.

Re Brydge 2015

Advised venture capitalist firm on the law, principles and rules governing a complex and novel investment scheme.

Re Consumer Credit Licences 2015

Advised three US lenders on the relevant law, FCA principles and rules applicable to consumer credit licences for “payday loans”.

Re H UK Limited 2015

Advised UK investment firm with $1bn under management on acquisition of claims management company and compliance with FSMA and the FCA Handbook.

Re the FSCS 2014

Represented multiple investors on a successful challenge to the FSCS following liquidation of regulated firms.

Re a major health insurer 2014

Successfully advised a leading private health insurer on the application of FCA Handbook to sale of insurance products to schools.

Re a leading solicitor’s firm 2014

Successfully advised a leading solicitor of the application of CIS rules to sale of apartments to investors in China.

Appointments & Memberships

  • COMBAR
  • FSLA
  • HSLA
  • UKELA
  • POCLA

Awards

  • Attorney General’s A Panel of approved regulatory advocates
  • DPP’s Panel of approved specialist fraud advocates
  • Recorder: Midland Circuit

Areas of Law


Recommendations


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Testimonials


“Very co-operative and takes a sensible approach.” Environment, Chambers and Partners 2017

“He is very tenacious, sees the bigger picture and spots the good points.” Environment, Chambers and Partners 2017

“He has a very good reputation, and he makes well-structured, attractive submissions where everything is very well thought through” POCA Work & Asset Forfeiture, Chambers and Partners 2017

“He has great oral advocacy skills, he’s very good in court, and he has good strategic nous as well. He thinks of different ways of presenting the case and explores different angles so as to present it in the best possible way” POCA Work & Asset Forfeiture, Chambers and Partners 2017

“He prosecutes complex cases for the CPS.” Fraud: Crime, Legal 500 2016

“Very commercially savvy. He’s also very bright, capable and an absolute pleasure to deal with. If you need him to, he can pull out all the stops and produce things at the eleventh hour.” Chambers & Partners 2016

“A very solid advocate on Environment Agency work.” Chambers & Partners 2016

“He is a very strong advocate.” Chambers & Partners 2016

“He is probably one of the best out there in terms of confiscation work. He is very switched-on, approachable and easy to deal with.” Chambers & Partners 2015

“He is pleasant, straightforward to deal with and a safe pair of hands.” Chambers & Partners 2015

“He is really a jury advocate but he is also very good with client and client handling.” Chambers & Partners 2015

“Tim Green is fantastic and a very good advocate.” Chambers & Partners 2015

“A highly skilled barrister who is incredibly impressive in front of a jury.” Chambers & Partners 2014

“Clients praised his commercial awareness.” Chambers & Partners 2014

“Recommended for regulatory work.” Legal 500 2014

“Very knowledgeable.” Legal 500 2013

“Recommended for complex, high value and banking fraud.” Legal 500 2012

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