Specialist Regulatory Advocates in Health & Safety and Environmental Law

James Bourne-Arton is appointed to List B of the Specialist Regulatory Advocates in Health and Safety and Environmental Law.

The Health and Safety Executive, Environment Agency and Office of Rail Regulation appoint from an approved list of advocates to conduct their higher court prosecution work and other regulatory advocacy. We are delighted to announce the appointment of James Bourne-Arton to the approved list of specialist advocates.

James has a number of years experience of conducting advocacy in connection with the legislative provisions enforced by the Health and Safety Executive (HSE) and the Environment Agency (EA).

R v Brotherton and others – The Defendants operated a wast transfer station but a lengthy investigation by the EA revealed that the Defendants were operating outside of the licence and were illegally disposing of rubbish. James acted for the lead defendant who pleaded guilty on the day of trial. Thereafter there was a complicated POCA process. It was necesary for James to have a good understanding of the Environment Protection Act 1990 and also the Pollution Prevention and Control Act 1999.

R v Raymond Shepheard – James acted for the Defendant in his POCA. He had been found guilty after trial andcontinued to maintain his innocence ont he basis he had planning permission that predated the 1990 Act to operate a waste transfer station and did not require a permit for the level of waste being stored or processed at his site. It was therefore necessary for James to have a very good understanding of the 1990 Act including excepted activities and planning permission.

R v ES (ongoing) – James is instructed on behalf of West Yorkshire Trading Standards to prosecute the company and director for offences under the Consumer Protection from Unfair Trading Regulations 2008.

R v Kenny – The Defendant was charged with other of fraud and failing to inform customers of their rights to cancel under the Consumer Proection (Distance Selling) Regulations 2000. The prosecution was brought by Trading Standards and related to the Defendant running a number of websites that miss-sold government services such as obtaining new driving licences from the DVLA.

James has represented a number of members of the medical profession in hearings before both the Nursing and Midwifery Council and also the General Medical Council. James has experience of the regulatory set up, the requisite codes of practice and the importance of protection of healthcare users and promoting public confidence in the regulatory system.