Tim Green
"A highly skilled barrister who is incredibly impressive in front of a jury; he is meticulous, hardworking and very friendly." “He is an indefatigable and detail-oriented barrister.”
Chambers UK 2020 & Legal 500 2020
- Call
- 1996
- Tel:
- 020 7583 9020
- Email:
- tgreen@hendersonchambers.co.uk
Tim Green is a specialist in regulatory crime and corporate defence. He is ranked by Chambers UK 2020 as band 1 counsel for both health and safety work and environmental law. Tim has extensive experience appearing in public inquiries, as well as Article 2 and jury inquests, and is been instructed in the Grenfell Tower Inquiry. Since 2008 Chambers UK has recognised Tim as a leader at the Bar for financial crime and money laundering investigations.
Tim has appeared in many of the most sensitive and complex health and safety prosecutions over the last 10 years. His clients include most of the leading international and national firms in the field with instructions arising from workplace fatalities in the construction, manufacturing, mining, waste management, logistics, health care, maritime and agricultural sectors. Tim frequently appears in the Court of Appeal including the recent decision of JHSL v HSE [2018] EWCA Crim 30.
Tim has been recognised as a leader in environmental law since he successfully appeared for the respondent in EA v Thorn International [2008] EWCA 2595. He regularly advises companies and their officers on their response to regulatory investigations in the waste management, telecoms, biofuel, mining and construction sectors. Tim has been a member of the Attorney General’s “A Panel” of Specialist Regulatory Advocates since 2012.
In a unique role, Tim holds the powers of 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 and set a new precedent in off-shore asset recovery in Bell v HMAG [2017] 2 DS 11. Tim acted for The Pensions Regulator in the guideline appeal on computer misuse in financial crime, TpR v Workchain [2019] EWCA 1422 and is contributing editor to OUP’s textbook “The Proceeds of Crime”.
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.
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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.
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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.
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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.
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Re Peer to Peer Lending 2017
Advising a large US investor on the FCA rules governing P2P lending platforms and associated regulation.
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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.
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Re Offshore Gaming Co. 2016
Advised regarding asset tracing and off-shore gaming law in the context of heavy commercial litigation arising out of a shareholder dispute.
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Re Investment Co 2015
Advised an investment company on the application Prospectus Rules and issue of mini-bonds for P2P lending.
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Re the FSCS 2014
Represented multiple investors on a successful challenge to the FSCS following liquidation of regulated firms.
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Re a major health insurer 2014
Successfully advised a leading private health insurer on the application of FCA Handbook to sale of insurance products to schools.
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Re a leading solicitor’s firm 2014
Successfully advised a leading solicitor of the application of CIS rules to the sale of apartments to investors in China.
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Operation S IOM 2014
Led and advised an investigation into fraud and financial wrong doing by company directors in an offshore financial centre. The investigation was highly sensitive and linked to the prosecution of prominent law officers in the jurisdiction.
Health & Safety
Tim was awarded the prize “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 to 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-
MCA v Port of London Authority (“PLA”) and others Snaresbrook CC 2019
Defending the PLA accused of maritime offences arising from a fatality on the Thames when a tug boat was “run over” by a barge it was towing down the River Thames.
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Inquest re SMH East Sussex Coroner’s Court
Complex inquiry into death of three patients at a hospice following arson by another patient.
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HSE v Lightpower & W Hereford CC 2019
Defending company and director following fatal fall from height on construction site.
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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.
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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.
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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.
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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.
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Inquest re a global travel company 2018
Represented a global travel business at an inquest into a death arising whilst on a holiday excursion.
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JHSL v HSE [2018] EWCA Crim 30
Successful in precedent setting Court of Appeal judgment on assessment of culpability, harm and costs.
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East Sussex Fire & Rescue Service v St Michael’s Hospice Lewes CC 2018
Defended a prosecution in respect of the Fire Safety Order arising from an arson at a Hospice following which three patients died.
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
Representative cases
grid list-
Re a global telephone mobile telephone distributor 2019
Advised multi-national company on compliance with EU waste law following acquisition of competitor.
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Re CFL and AD 2019
Represented corporate landlord and director in proceedings following alleged breach of listed building consent for large scale commercial gain.
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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.
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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.
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Re a biofuels company 2017
Advised an innovative biofuels concern as to how successfully overcome EA resistance to the issuing of an environmental permit.
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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.
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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.
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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.
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EA v WS 2016
Advised and represented company director following sensitive investigation into water pollution.
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Re a soil company and directors 2015
Retained pre-charge to advise a leading soil company and its directors on how to respond to multiple EA investigations.
Inquests & Inquiries
An essential part of Tim’s practice is to regularly appear for companies, their directors, charities and families of the deceased at inquests and public inquiries. In particular, he is very experienced in the application of A2 of the ECHR to the Coroners’ Court and in handling jury inquests. Tim is well versed in the developing case law in this field and highly sensitive to both the reputational issues at stake in an inquiry and how the evidence heard can impact future criminal, civil or regulatory enforcement action.
Tim has special experience of the Traffic Commissioner and has recently represented FTSE 250 companies concerned with revocation of vehicle licences at public inquiries.
In May and June 2019 Tim will be collaborating with the Health and Safety Lawyers Association (“HSLA”) and DWF solicitors to deliver focused training to practitioners on the practical effect of recent changes to procedure and law in inquests. This training will be delivered at a series of events throughout England and Wales and follows Tim’s other successful partnerships with HSLA delivering advice on best practice before the HSLA annual conferences in 2018 and 2017 and a similar “road show” seminar program in 2016
Representative cases
grid list-
Re Grenfell Tower 2019 Inquiry representing a Core Participant.
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Re Scapa Limited 2019
for the company at inquest following death at work at global manufacturing concern.
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Re St Michael Hospice 2019
for the hospice at inquest following arson at premises leading to the death of three patients.
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Re Thomas Cook Ltd 2018
for the company at inquest following death by drowning of a holiday maker in Cyprus and advised on response to PFDR.
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Re A railway worker 2018
for the family of a deceased worker accidentally killed whilst maintaining the railway
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Re Large Food Manufacturer 2018
represented company at 3-day Traffic Commissioner public inquiry following allegations of fraud relating to the obtaining for vehicle licences
Proceeds of Crime
Tim Green has been recommended by Chambers UK as one the Bar’s leaders in proceeds of crime work for the last 10 years. In a unique appointment, Tim is authorised to exercise the powers of the Attorney General of the Isle of Man in respect of a complex multi-jurisdictional money laundering investigation and is an expert in the regulation and enforcement of AML in offshore financial centres.
Tim is frequently instructed by FTSE 250 companies and their officers; international and national firms; banks, lenders and regulators to act as advisor and advocate in respect of difficult investigations arising from AML compliance, cash forfeiture, asset recovery and confiscation. He recently advised an off-shore government on the investigation and prosecution of sophisticated financial crime arising from corporate malfeasance and bankruptcy. Tim was a member of the national committee of the Proceeds of Crime Lawyer Association for 5 years and is a contributing editor to OUP’s “The Proceeds of Crime”.
Representative cases
grid list-
Re GIGL 2019
Representing Global Casino brand asserting third parties rights to a disputed account balance following unlawful gaming.
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Operation B 2014 - 2019
Multi-jurisdictional investigation into large scale tax fraud and money laundering concerning a variety of off-shore financial centres and the professional services sector.
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Re a Global Lender 2018
Advice to bespoke lender applying flexible application of the KYC and due diligence rules in various EU AML Codes.
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HMAG v Bell [2017] 2 CM
Precedent-setting application for cash forfeiture before the Staff of Government Division of the High Court of the Isle of Man and Judicial Committee of the Privy Council.
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Re a Gaming Firm 2017
Off-shore AML advice arising from shareholder dispute.
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Environment Agency v Moss and others 2016
The first EA prosecution for money laundering arising from organized unlawful waste operation.
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Operation S 2013
Off-shore financial investigation into corporate wrong-doing by company officers linked to the government and legal services.
What the directories say
“He is an indefatigable and detail-oriented barrister.”
Legal 500 2020
"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."
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Instructing Tim Green
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Call 020 7583 9020
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- 2014 Authorised as Attorney General Isle of Man for Operation Braid.
- 2012 to present – Recorder Crime (SSO ticket).
- 2012 to present – “A Panel” Attorney General’s List of Approved Regulatory Counsel (reappointed 2019).
- Contributing Editor – “Lexis Nexis Financial Services Encyclopedia”
- Contributing Editor – “The Proceeds of Crime” by OUP
- HSLA
- FSLA
- POCLA
- UKELA
- Midland Circuit
- 1996 – Kalisher Scholarship, Grays Inn
- 1996 – Very Competent, BVC
- 1995 – Commendation Diploma in Law
- 1994 – MA Magdalen College, Oxford
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Bar Council Number: 35279
VAT Registration Number: 715490241
Legal Status: Barrister
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