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Tim Green

Tim Green

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Tim Green is recommended by Chambers and Partners 2019 as Band 1 counsel in both health and safety work and environmental law. Since 2008 Chambers UK has also recognised Tim as a leader at the Bar for financial investigations saying that “He has experience of heavyweight money laundering matters” and that he is “Recommended for complex, high value and banking fraud.” Chambers UK describes Tim as “a highly skilled barrister who is incredibly impressive in front of a jury”, and adds that “he is a meticulous, hardworking and very friendly.”

Tim’s clients include: (a) international and national law firms, such as: Pinsent Masons, DWF, BLM, Shoosmiths, Eversheds Sutherland and DAC Beachcroft, Duane Morris, Gowling WLG; (b) FTSE 100 companies, global financial institutions and their officers; (c) The Pensions Regulator, FCA, HMRC, HSE, EA and off-shore governments.

Tim has been one of the Attorney General’s “A Panel” of regulatory counsel since 2012. He has appeared in many of the most sensitive and complex cases in health and safety/environmental practice over the last 10 years including the leading appellate decisions of JHSL v HSE [2018] EWCA Crim 30 and EA v Thorn International [2008] EWHC 2595 (Admin). Tim is frequently instructed to appear in inquests before a jury or where A2 HRA is engaged.

In a unique appointment, Tim acts 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. He co-edits the OUP’s “The Proceeds of Crime” and set a new precedent in off-shore asset recovery in Bell v HMAG [2017] 2 DS 11.

Over recent years Chambers and Partners/Legal 500 have added the following comments about Tim’s work:

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

“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”

“He has a very good reputation, and he makes well-structured, attractive submissions where everything is very well thought through”

“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.

“He is extremely good and has lots of very practical experience. He has a nice manner, is very easy-going and is easy to work with.”

“Tim Green is fantastic and a very good advocate.”

Health and Safety & Environmental

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. In 2012 he was appointed to the Attorney General’s “A Panel” of approved regulatory advocates.

Over the last three years Tim has defended or prosecuted over 30 cases arising from death or serious injury at work. He has specific experience of health and safety law applied to the following sectors:

  • Construction – numerous investigations arising from falls from height; asbestos exposure; electrocution whilst conducting roof work; collapsed buildings.
  • Engineering – avoidable death in a metal forge; and HAVS/CTS exposure during manufacturing process.
  • Waste industry – death of a binman on waste collection rounds; multiple investigations following deaths in recycling/scrap metal works.
  • Health care – avoidable deaths in care homes arising from unsuitable environment.
  • Fire safety – Fire Safety Order applied to (i) a hospice following arson and deaths of three patients; (ii) multi-occupancy accommodation following two accidental fires.

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. He has represented several FTSE 100 companies at inquest where the impact of the inquiry on prosecution and upon reputational risk is a paramount.

Recent health and safety instructions include the following:

LSFRS v VS Leicester CC 2018

Defended a company director facing 16 allegations of breaching the Fire Safety Order over 30 a month arising from his management of a multi-occupational premises where two separate fires occurred.

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 from 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 the 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 the 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, he 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 of the HSWA arising from the death of a metal worker whilst forging high density alloys. Contested technical evidence on 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 to the death of 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

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 2012 he was appointed to the Attorney General’s “A Panel” of approved regulatory counsel.

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 by a leading UK soil manufacturer
  • advice and representation to various London Boroughs engaged in high value civil litigation arising from a contractual dispute with large environmental concern
  • civil appeals against the refusal of an environmental permit and/or Agency accreditation
  • the use of Civil Undertakings as an alternative to prosecution for a successful waste operator
  • a 6-week trial in Sheffield CC arising from fly-tipping on an industrial scale
  • a 3-week trial in Hereford CC arising from deliberate misuse of a quarry for illegal storage of waste
  • confiscation and restraint where waste crime has been a species of economic crime.

Tim’s environmental advisory practice includes all aspect of environmental compliance of EU/UK/Agency rules with particular emphasis on the waste and biofuels industries. Tim is a contributing editor to LexisNexis PSL on waste law.

Recent environmental instructions include the following:

Re a waste management company 2018

Advised a 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). Complex fire risk and confiscation proceedings.

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 to 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 concerning 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 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 extremely good and has lots of very practical experience.” Environment, Chambers and Partners 2019

“He has a nice manner, is very easy-going and is easy to work with.” Environment, Chambers and Partners 2019

“Tim gives helpful advice and is very accessible to the instructing solicitor.” Chambers and Partners 2019

“He’s a proactive barrister who gets to grips with the case very quickly.” Chambers and Partners 2019

“Very measured in his approach.” Chambers and Partners 2019

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

“He gains the trust of his client very quickly and is of great assistance to the instructing solicitor.” 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” 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” 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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