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Hendersons - Barristers' Chambers

Tim Green

"A highly skilled barrister who is incredibly impressive in front of a jury; he is a meticulous, hardworking and very friendly. He has great oral advocacy skills, he’s very good in court, and he has good strategic nous as well"

Chambers UK


Call
1996

Tim Green is a specialist in regulatory crime and corporate defence work. He is ranked by Chambers UK as band 1 counsel for both health and safety work and environmental law. He has extensive experience appearing in Article 2 and jury inquests where the risk of prosecution and reputational damage are of paramount concern to the client.  Since 2008 Chambers UK has also recognised Tim as a leader at the Bar for financial investigations, praising his work in complex money laundering inquiries.

Tim’s clients include: (a) international and national law firms, (b) FTSE 100 companies, global financial institutions and their officers; (c) HSE, the EA, The Pensions Regulator, FCA, HMRC off-shore governments. 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).

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.

Tim has strong recent experience in defending difficult maritime prosecutions and fire safety enforcement. Over the last 3 years he has delivered training on best practice in regulatory advocacy, law and procedure for the Health and Safety Lawyers Association throughout England and Wales.

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

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.”

 

Expertise


Financial Regulation

Tim frequently advises and represents large commercial concerns and their officers facing investigation by the FCA, SFO, HMRC, Trading Standards, FRC, The Pensions Regulator and other financial regulators.

Since 2014 he has been authorised to act as the Attorney General of the Isle of Man in respect of the Island’s largest ever investigation into tax fraud and money laundering.

Tim has a particular interest in AML law, the rules of beneficial ownership and financial regulation in off-shore financial center’s arising from his work in the Crown Dependencies.

He is an editor of the Lexis Nexis Encyclopedia of Financial Services Law and is a contributing editor to the latest edition of The Proceeds of Crime by Millington and Sutherland Williams.

Tim has extensive experience in representing large companies and their officers facing prosecution, and a strong understanding of the law governing corporate criminal liability. He was recently instructed by The Pensions Regulator to bring its first ever prosecution for general economic crime arising out of deliberate and systematic abuse of the automatic enrolment scheme for workplace pensions by a large company and its officers.

In 2012 Tim was seconded to a “Technical Specialist” role in the FCA Enforcement Division and subsequently led FCA enforcement activity against banks, hedge funds, investment houses, retail financial services firms and senior managers, giving him an excellent knowledge of FCA principles, rules, powers and processes. He now frequently advises investment firms, lenders, solicitors and high net wealth individuals of their responsibility under FSMA and the FSA Handbook, as well as how to strategically and tactically best respond to an FSA investigation.

Representative cases

grid list
  • Re a large cosmetics company 2018

    Advising and representing a large cosmetics business on managing and resisting a sensitive inquiry brought in respect of products sold and services supplied.

  • TPR v Workchain Ltd and others Derby CC 2018

    Instructed by the Pensions Regulator in respect of a precedent setting prosecution of a company, its directors and managers arising from unauthorised access to automatic enrolment data contrary to the Computer Misuse Act.

  • PAB v Attorney General IOM 2018

    Successfully upheld a civil asset recovery order arising from a concurrent criminal investigation in another jurisdiction before the Judicial Committee of the Privy Council.

  • Re a developer 2017

    Advising a leading solicitor’s firm on its regulatory obligations in respect of the sale of investments in an unregulated collective investment scheme.

     

  • Re Peer to Peer Lending 2017

    Advising a large US investor on the FCA rules governing P2P lending platforms and associated regulation.

  • In Re Claims Management Co. 2016

    Advised one of the UK’s largest claims management in respect of its obligations under the Enterprise Act pursuant to an investigation by trading standards.

Health & Safety

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 hospital environment.
  • Fire safety – Fire Safety Order applied to (i) a hospice following arson and deaths of three patients; (ii) to the company director of a housing trust managing 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. His clients include several FTSE 100 companies  where the impact of the inquiry on prosecution and upon reputational risk is a paramount.

In the past 3 years Tim has been asked deliver training on best practice in advocacy, law and process at the HSLA annual conference (twice), London, Leeds, Manchester, Birmingham and Bristol.

Representative cases

grid list
  • HSE v Lightpower & W Hereford CC 2019

    Defending company and director following fatal fall from height on construction site.

  • LFRS v VS Leicester CC 2019

    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.

  • HSE v FTT Stoke on Trent CC 2019

    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.

  • HSE v An investment fund, Snaresbrook CC 2019

    Defended an EU based fund which owned premises in London against complex allegations of breach of s4 HSWA arising from a near fatal accident.

  • Inquest re a company director, Hereford 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.

  • Inquest re a global travel company 2018

    Represented a global travel business at an inquest into a death arising whilst on a holiday excursion.

Environment

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 aspects 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.

Representative cases

grid list
  • 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.

 

Instructing Tim Green

If you require help or advice please contact our clerking team

Call +44 (0)20 7583 9020
or email

Appointments
  • 2012 – Recorder Crime (SSO ticket)
  • 2012 – “A Panel” Attorney General’s List of Approved Regulatory Counsel (reappointed 2019)
Publications
  • Contributing Editor – “The Proceeds of Crime” by OUP
Memberships
  • HSLA
  • FSLA
  • POCLA
  • UKELA
  • Midland Circuit

 

Education
  • 1996 – Kalisher Scholarship, Grays Inn
  • 1996 – Very Competent, BVC
  • 1995 – Commendation Diploma in Law
  • 1994 – MA Magdalen College, Oxford
Regulatory Information

All members of Chambers are registered with the Bar Standards Board of England and Wales. For our standard contractual terms click here.

Bar Council Number: 35279

VAT Registration Number: 715490241

Legal Status: Barrister

Professional Insurance: All members of Chambers have professional liability insurance provided by the Bar Mutual Indemnity Fund Ltd. Territorial coverage is world-wide and subject to the term of the Bar Mutual. Click here for details.

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