Lee Fish

Prosecution of company and its director. Open cast mine that caused pollution to Hartley Burn in Haltwhistle.

Prosecution of a number defendants including 3 limited companies for unlawful depositing of waste at two separate sites. At  one of the sites the waste was stored in such a way as to be potentially harmful to human health. Issues in relation to the duty of care requirements.

Defence of company and its director for serious environmental offences arsing out of water discharge activities and the spreading of hazardous waste on land.

Leading counsel for the Crown. Case involved the prosecution of a rogue skip hire company and those running the company who were responsible for serious environmental offences. Successful prosecution, which involved complex issues of law.

Prosecution by the Environment Agency of a limited company and its directors for illegal waste offences. Prosecution for the first time applied for a confiscation order. Advised on the correct approach to the application. The result was an order for just under £250,000 against the directors of the company.

The prosecution of a local authority and an independent contractor for causing pollution. Durham County Council employed Sealane Inshore Limited to complete renovation works on a bridge. A substance from the works entered the watercourse causing pollution and death to fish. Provided advice prior to proceedings commencing. Case involved substantial legal argument on the meaning of “causing”, strict liability and vicarious liability.

Instructed to prosecute a number of Defendants who were engaged in illegal fishing activities at the River Aln. The case revolved around an illegal method of fishing called “stroke hauling”. Involved expert evidence on different methods of fishing and techniques.

Prosecution for offences under transfrontier shipment of waste regime. Case concerned the exportation of hazardous waste to Nigeria.

Representing the Environment Agency in an appeal to the Planning Inspectorate following the agency’s decision to revoke an environmental permit.

Instructed by the Health and Safety Executive to prosecute a farmer following the electrocution of one of his workers who died as a result of his injuries.

Instructed by Health and Safety Executive to prosecute plumber who was undertaking gas work without qualifications. This included the issuing of gas safety certificates.

Instructed by the Health and Safety Executive in the prosecution of a construction site supervisor following a fall from height resulting in catastrophic injuries to a worker at the site who was left in a tetraplegic condition.

Instructed by the Health and Safety Executive in the prosecution of a company following a fall from height at a construction site.

Instructed by the Marine Management Organisation in a test case, where it was argued that the prosecution was an abuse of process due to the way in which fishing quota is allocated and managed in the UK. Involved significant disclosure issues and matters of EU and domestic law. Judge found for the Crown at first instance. This was upheld by the Court of Appeal.

Prosecution by the Food Standards Agency of an abattoir for breaches of regulations relating to the removal of specified risk material from carcasses. Advice was provided prior to proceedings commencing.

2 separate prosecutions by the Food Standards Agency of a dairy owner, for breaching hygiene regulations.

Represented GMC. Oncoplastic Surgeon. Multiple failures alleged in the procedure in relation to the mastectomies and breast reconstruction.

Represented GMC. Psychiatrist who gave flawed evidence in a murder trial in relation to defence of diminished responsibility.

Represented GMC. Multiple findings of dishonesty in relation to qualifications and level of experience.