Oliver Powell successful in Environmental Appeal

Oliver Powell, instructed by Andrew Oliver of Andrew Jackson LLP, appeared at York Crown Court in relation to an environmental appeal which had its genesis in regulatory breaches in the fishing sector.

Oliver (who was not instructed at first instance) appeared on behalf of the appellant, John MacAlister (Oban) Ltd (‘the Company’). The case concerned an investigation by the North Eastern Inshore Fisheries and Conservation Authority (‘NEIFCA’) into the activities of one of the Company’s vessels, the Star of Annan. The breaches, which occurred variously on six different occasions, concerned: catching undersize scallops; fishing outside of a permitted area; fishing without a valid permit; fishing with more than 10 scallop dredges; failing to operate AIS; and fishing in a closed area.

The appeal concerned challenges as to whether the breaches were deliberate and whether they were correctly categorised as Category 2 Harm. At first instance, the Company had been fined £180,000 in respect of a number of environmental offences. The appeal was allowed, with the Court substituting the original fine with one of £48,000, almost 75% less than the fine at first instance.

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Oliver is ranked in the Legal 500 for Health & Safety (Tier 1) and Environment. Oliver is a leading junior at the Bar for maritime regulatory work, with an authoritative specialism in marine & fisheries. His marine experience covers all types of vessels. He receives instructions from a variety of different individuals and organisations. These include: charterers, owners, operators, International Transport Workers’ Federation, Masters, P&I Clubs, MCA, PLA and IFCAs.

Outer Temple Chambers continues to show its strength in maritime regulatory work, with members providing an authoritative specialism in marine & fisheries law.

Should you require further information about Oliver, or if you would like to instruct him, please contact Nicholas Levett.

News 10 Sep, 2021