Regulatory Law
REGULATORY LAW EXPERTISE
- Business Regulation
- Care Quality Commission
- Crowdfunding Regulation
- FCA Regulation
- Food Safety Law
- Fundraising Regulator
- Health and Safety Law
- Healthcare Professional Discipline
- Licensing Law
- NHS Performers List
- Police Regulatory Law
- Solicitors Disciplinary Tribunal
- Trading Standards Law
- Traffic Commissioners Public Inquiries
- Tribunals
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Regulatory Law at St Pauls Chambers
St Pauls Chambers are one of the leading sets in the UK conducting professional disciplinary work and also representing companies who appear before various regulatory and disciplinary bodies. We are known as the leading Regulatory set outside of London. A number of our members regularly appear before the Nursing and Midwifery Council and the Medical Practitioner Tribunal Service and act as legal assessors. A particular strength of chambers is in financial regulation, where senior members have represented Accountants and Actuaries before ACCA, the ICAEW, the Institute and Faculty of Actuaries and on the previous Board of the Financial Reporting Council Regulator.
Jeremy Barnett, a founding member of St Pauls Chambers, heads the development of the regulatory law team. He made a decision to move into regulatory work in the late 1990s, specialising in trading standards and toy safety, and started off by defending manufacturers of dangerous products – baby walkers, fireworks, toys, and electrical goods, including GHD hair straighteners. This work was conducted around the country, predominately in hearings before magistrates, in cases brought by Local Authority and trading standards authorities.
Members of chambers have appeared in cases involving deposit taking, which have been brought by the Bank of England and The Financial Intermediaries Managers and Brokers Regulatory Association (FIMBRA). When the Securities and Investments Board (SIB) changed to the Financial Services Authority in October 1997, Jeremy Barnett was instructed to prosecute cases involving ponzi schemes for the FSA and later appeared in various cases representing independent financial advisors facing regulatory action, which included hearings before the Regulatory Decisions Committee.
We have a number of barristers who have developed successful practices representing doctors before the Medical Practioners Tribunal Service and also in inquests. We have represented nurses, dentists and teachers. Jeremy Barnett and Cameron Brown sit as Legal Assessors. Simon Myerson QC and Sam Green QC also have a strong reputation in SDT, Police Disciplinary, inquests and other disciplinary Tribunals. Derek Duffy and a number of other members of chambers also regularly appear in hearings before professional regulators.
To find out more on the types of work we undertake or if you need more information on our barristers get in touch with our clerks.
Barristers
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Chambers began to develop its expertise into inquests and professional disciplinary cases by representing and advising solicitors in relation to SRA investigations and hearings before the SDT (Solicitors Disciplinary Tribunal).
Jeremy Barnett has appeared in a number of cases, including:
- Re FH which related to cross border FSA transactions.
- Escrow Accounts used for financial promotions.
- Stamp Duty Land Tax avoidance schemes.
- The use of solicitor’s undertakings in commercial transactions.
- Interventions; due to the lack of funding by those the subject of interventions proceedings by the SRA, there is a surprising lack of authorities on interpretation of the guidance.
- See the leading decisions in Elsdon, Ramasamy.
- Failure to pay Assigned Risk Premiums [ARP].
After advising multiple firms in respect of the Referral Fee Ban, Jeremy Barnett was instructed to advise a number of Claims Management firms, and has appeared in a several cases brought by the Claims Management Regulation Unit (now merged with the Information Commissioners Office) and regularly advises on appeals before the First Tier Tribunal, in respect of alleged breaches of the Conduct of Authorised Persons Rules and new obligations under the General Data Protection Regulations (GDPR).
Chambers have now branched out into other regulatory law fields, including Environmental Law, where Jeremy Barnett has represented a number of ‘drop ship’ selling lines of product for various outlets. Here, Various Trading Standards and EA offices believed that the Producer Responsibility Obligations (Waste Packaging) Regulations 2007 were being breached. However, in a number of cases, it was established that this interpretation of the regulations was flawed and the prosecutions were successfully abandoned.
In a number of Environmental Act cases, the clients also face planning issues. Members of Chambers have advised on several such cases, including;
- The issue of Temporary Stop Notice Section 171E of the Town and Country Planning Act 1990 in relation to Re-cycling Plant.
- The Prosecution for ePRN Trans-frontier Shipment of Waste Regulations.
- Prosecution under the Environmental Protection Act, depositing inert and non-inert waste.
- Advice on climate change law and regulation policy to a national government.
- Complex EU procurement, planning and general contractual issues for Carbon Capture Storage Research Project.
- Enforcement under Flood and Water Management Act 2010 and Lawful Development Certificate, Town and Country Planning Act 1990 s191 as amended.
Members of Chambers have also appeared in a number of other corporate and disciplinary hearings, including solar panel manufacturers body the Renewable Energy Consumer Code (RECC) and the First Tier Tribunal [VAT] – see Decision, Plant force (Leeds) Ltd v HMRC TC/2015/07275, which was the leading decision on the definition of Dishonesty in s60 cases. This has since been overturned by the Supreme Court Decision in Ivey v Genting Casinos.
Other areas of expertise include:
