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Tim Green

Tim Green

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Tim Green has been consistently described by the Chambers and Partners Guide to the UK Bar as a leader in the fields of financial investigations, health and safety work and environmental law. His clients include FTSE 100 companies and their officers as well as regulators and off-shore governments. In a unique appointment he has acted since 2014 as the Attorney General of the Isle of Man in respect of the Island’s largest ever investigation: an inquiry into multi-jurisdictional tax fraud, money laundering and financial crime.

Tim frequently advises and represents large commercial concerns and their officers facing investigation by the FCA, SFO, HMRC, Trading Standards, FRC, The Pensions Regulator and other financial regulators. In 2012 he was seconded to a “Technical Specialist” role in the FCA Enforcement Division and subsequently led FCA enforcement activity against banks, hedge funds, investment houses, retail financial services firms and senior managers giving him an excellent knowledge of FCA principles, rules, powers and processes.

Tim has a particular interest in AML law, the rules of beneficial ownership and financial regulation in off-shore financial centres arising from his work in the Crown Dependencies. Additionally, he is an editor of the Lexis Nexis Encyclopaedia of Financial Services Law and is a contributing editor to the latest edition of The Proceeds of Crime by Millington and Sutherland Williams.

Tim was awarded the prizes “Health and Safety Barrister of the Year” for both 2017 and 2016 by The Lawyer Monthly magazine and was recently successful in the important health and safety precedent setting case of JHSL v HSE [2018] EWCA Crim 30. Since 2012 he has been on the Attorney General’s “A Panel” of approved regulatory advocates and in the last three years he has been instructed to defend or prosecute 30 cases arising from death or serious injury sustained at work.

He has been recommended by the legal directories for his meticulous preparation, his forensic cross-examination of expert witness, and for his sensitivity to commercial and reputational risk. Tim’s health and safety work also includes regular instructions to appear at inquests representing companies, public bodies, charities and families of the deceased before juries and/or where Article 2 of the ECHR is engaged.

Tim has been recognised as one of the UK’s leading advocates in environmental law since he successfully appeared for the defence in the leading environmental case of EA v Thorn International [2008] EWHC 2595 (Admin). In the last 10 years, he has received instructions to advise and defend many of the UK’s largest environmental concerns and their directors in all aspects of environmental enforcement including: pre-action advice and submissions to the Agency; appeals against the refusal of an environmental permit and/or Agency accreditation; the use of Civil Undertakings as an alternative to prosecution; and a 6-week Crown Court trial arising from fly-tipping on an industrial scale. His advisory practice includes all aspect of environmental compliance with emphasis on the waste and biofuels industries. Tim is a contributing editor to LexisNexis PSL on waste law.

Health, Safety & Environment

Health and safety

Recent health and safety instructions include the following:

Inquest re a company director 2018

Represented a company director at inquest following a death on a construction site and where he was under investigation by HSE for breaches of s3/s37 HSWA.

HSE v a London based fund Snaresbrook CC 2018

Defended an EU based fund which owned premises in London against complex allegations of breach of s4 HSWA arising from a near fatal accident.

HSE v FTT Stoke on Trent CC 2018

Defended a medium sized transport company against allegations of breach of s2/3 HSWA arising out of the risk of “HAVS” from vibration tools. A case featuring three experts and highly technical analysis of historic business records/vibration magnitude and trigger times.

Inquest re a global travel company 2018

Represented a global travel business at an inquest into a death arising whilst on a holiday excursion. Avoided reputational damage and advised on the world-wide impact of the inquest and HSWA to the business.

JHSL v HSE [2018] EWCA Crim 30

Successful in precedent setting Court of Appeal judgment on assessment of culpability, harm and costs.

East Sussex Fire and Rescue Service v St Michael’s Hospice Lewes CC 2018

Defended a prosecution in respect of the Fire Safety Order arising out of an arson at a Hospice following which three patients died. Complex expert evidence and national media coverage.

HSE v BRL Bournemouth CC 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 Norwich CC 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.

Inquest re a global manufacturing business 2017

Represented a large manufacturing concern following death of a worker during cleaning of a manufacturing concern.

Inquest re a multi-national pharmaceutical business 2017

Represented a large US medical company at inquest following death of a patient following surgery to administer artificial heart arterial parts.

Inquest re a fatal fall on a construction site 2017

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

Inquest re a death of a railway maintenance worker 2017

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 was able to show that the deceased was inadequately supervised by his employer and that the rail maintenance contract was poorly managed. This directly led to HSE charges against supervisor and future death prevention report from the Coroner.

HSE v Abbey Forge Ltd Sheffield CC 2018

Prosecuting a medium sized family metal forging business for breaches HSWA arising from the death of a metal worker whilst forging high density alloys. Contested technical evidence re the nature of metal specialist metal forging.

HSE v A ground works company and director Northampton CC 2018

Prosecuting a ground works company and its officers for breach of CDM Regs arising from death of a ground workers by electrocution from contact with overhead power lines. Complex legal arguments over the nature and scope of the defendant’s undertaking.

HSE v Cladceil Limited Derby CC 2018

Prosecuting a construction company for HSWA and CDM Regs breaches arising from the unlawful exposure of workers to asbestos whilst refurbishing a school premise.

HSE v Downes and others Shrewsbury CC 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 ever 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.

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.

Inquest re a fall from an apartment block 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.

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 a pedestrian was killed. By using expert evidence to show 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 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.

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:

Re a waste management company 2018

Advised large scale waste management company to settle a prosecution brought by the EA for the alleged deliberate breach of the EPR using civil undertakings as an alternative.

EA v A Ltd and directors 2018

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).

Re A biofuels company 2017

Advised an innovative biofuels concern as to how successfully overcome EA resistance to the issuing of an environmental permit.

Re N Ltd 2017

Advised a large-scale waste management business on how to overcome EA criminal investigations in order to obtain an environmental permit.

Re NPR 2017
Appeared in a precedent setting appeal against EA’S powers to refuse an accredited waste re-processor pursuant to the Producer Responsibility Regulations.

Re A Very Large Transport Undertaking 2016

Provided advice to a very large transport company on the application of environmental law to a complex and high value commercial dispute. Working with a team of specialist lawyers, advice was decisive in achieving a substantial settlement of part of the dispute.

EA v Mann Waste Management Co and Director Snaresbrook CC 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

Retained pre-charge to advise a leading soil company and its directors on how to respond to multiple EA investigations. After negotiations and representations, the investigation was discontinued without charge.

Hemming MP v Birmingham City Council 2015

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. These were 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.

Re M Co. and others Sheffield Crown Court 2015

Substantial damage to groundwater supplies caused by an unlawful waste glass washing operation. This environmental crime was simultaneously committed with a complex fraud on the EU waste producer recycling scheme worth £3m. The investigation has led to the EA’s first ever prosecutions for money laundering and for fraud on the EU producer responsibility scheme.

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 Shoeshine, Tim pioneered the first use of remedial orders as an alternative to confiscation.

Re Severn Trent Water 2012-2014

Instructed in five separate investigations 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.

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

Tim Green is regulated by the Bar Standards Board (BSB) and holds a current practising certificate. If you are not satisfied with the service provided, please click here.

Areas of Law


Recommendations


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Testimonials


“He is a very well-known name in crime and confiscation, who works all over the UK.” POCA Work & Asset Forfeiture, Chambers and Partners 2018

“He gains the trust of his client very quickly and is of great assistance to the instructing solicitor.” POCA Work & Asset Forfeiture, Chambers and Partners 2018

“He is a meticulous, hard working and very friendly barrister.” Environment, Chambers and Partners 2018

“He is an extremely knowledgeable lawyer who provides clear and succinct advice.” Environment, Chambers and Partners 2018

“He has experience of heavyweight money laundering matters.” Fraud: Crime, Legal 500 2017

“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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