Middle Temple
"Queen Square Chambers’ ‘excellent’ Nigel Fryer routinely handles complex HSE and environmental matters". - Legal 500 2011
Nigel prosecutes and defends in both regulatory law and crime and is known for his calm approach and assertive manner in court. He has been developing his regulatory law practice since the start of his career, with particular focus on health and safety, inquests, environmental law, trading standards and planning enforcement. His work takes him throughout England & Wales.
Nigel believes a team approach is essential and welcomes the opportunity to be involved from an early stage, including at the inquest in matters involving fatality. He is keen to undertake site conferences to understand the fine detail of a case.
Qualifications:
Undergraduate Degree
LL.B (Hons)
Areas of practice:
Environmental Law (prosecution, defence and enforcement notices)
Nigel has acted for both government authorities and private/insured clients in respect of environmental matters. General examples include the prosecution and defence of water and air pollution, spillage including waste and effluence and fly tipping. He undertakes work in the field of statutory nuisance and has advised upon and litigated abatement notices.
Current and Recent cases
R (EA) v WTL. Currently defending the Directors and Company against breaching the terms of a waste management license, failing to obtain the correct licence and transporting waste to a non-OECD country. The case involves the disposal of televisions and computer equipment to a number of African countries.
R (EA) v MWML. Currently defending a Director and company involving the disposal of tyres. Charges relate to a lack of licenses and transporting waste to a non-OECD country (Vietnam) in breach of the shipment regulations.
R (EA) v AD. Defence of a company for extensive river pollution and regulatory breaches relating to their waste plant. Nine out of the fourteen charges were dropped after extensive work to show that the Agency had failed to prove that there was a link between the plant and the river pollution.
R (EA) v EPGC. Defence of a company who caused river pollution after a release of oil from a fractured pipe.
SGC v S. Defence of a waste management firm who were accused of fly-tipping. Extensive discussions were held with the Local Authority prior to the first hearing. These resulted in the case being dropped.
R (EA) v ZL. Defence of a private individual and company after both were indicted for various offences arising from a company summer party at which stock car racing took place. At the conclusion of the event 16 vehicles were burnt leading to a serious incident of air pollution.
R (EA) v AD. Prosecution arose after 80,000 litres of effluent was discharged into a river by a lorry driver tasked to collect it on behalf of the firm.
Health and Safety (defence, prosecution and enforcement notices)
Nigel is regularly instructed in health and safety cases involving all types of industrial practice, examples include accidents arising from machinery, agriculture, quarries, electricity lines, construction sites, retail, factory work and boat yards. In addition to his practice in health and safety crime, he also undertakes work advising and litigating upon improvement and prohibition notices. This is especially important if notices have been served after an accident given the impact their terms may have on a subsequent prosecution.
Recent Cases
R v W. Currently prosecuting a farmer who deposited 20 cm of mud on the road after two days of ploughing causing a fatal accident. Trial is listed in June for three weeks in Swindon Crown Court.
R (HSE) v MJ Defence of a haulage firm charged under s.3 HSWA after a lorry toppled over crushing a builder working on site.
CBC v E. Defence at trial of a garage owner who was accused of numerous breaches of both explosive and petroleum storage regulations. Acquitted of half the charges.
WCC. Represented the deceased's employer, a market gardening firm. Employee upended an irrigation pipe connecting him to the national grid.
R (HSE) v R. Defence of a livestock yard after a cow escaped causing serious injury to a handler and then rampaged through the centre of Rugby. There was extensive media interest.
OBC v DL. Defence of a butcher after a 14 year old "Saturday" boy lost his arm in a mincing machine. Food safety and Children's Act offences also indicted.
R (HSE) v AHW. Defence of a large dairy engaged in supplying national supermarkets. It was prosecuted after the contractor fell through a suspended ceiling causing serious injury.
Other areas of Regulatory Law:
In addition to the areas already cited Nigel undertakes work in trading standards matters especially those involving the motor trade, counterfeit goods and poor workmanship. Nigel has prosecuted a number of matters on behalf of the Postal Services Commission and DEFRA.
Recent Cases
D v MG and FPL. Currently prosecuting on behalf of DEFRA a case involving failing to obtaining the correct licences and non-compliance with gang-master legislation.
SGDC v JE. Defence of an estate agent accused of miss-selling.
Additional areas of law:
Criminal Law
Nigel is instructed in all types of criminal cases including cases involving offences of violence such as large scale violent disorder, s.18 and assault including those involving knives and samurai swords. He has experience in prosecuting and defending cases of supplying and processing drugs, sexual offences, and dishonesty including fraud.
Road Traffic Law
Nigel is briefed on a regular basis by insurance company panel solicitors in respect of all aspects of road traffic law.
Reported Cases:
R (EA) v RL and JF (2008) EWCA 1970 (2009) ALL ER 786, CLW 08/34/5, L.S Gazette, September 18th 2008. Determination of whether it was possible to prosecute two officers of an unincorporated golf club for an offence under the Water Resources Act committed by the club itself. 5,000 gallons of heating oil escaped into a reservoir causing disruption to drinking water supplies. Clients acquitted. Not appropriate to prosecute. The correct procedure was to prosecute the unincorporated club as it does not have legal status to commit statutory criminal offences.
Professional Memberships:
Health & Safety Lawyers Association
Environmental Lawyers Association
Criminal Bar Association
Western Circuit
Interests:
Photography, travel, music, rugby and skiing.
