Exchange Chambers Barristers praised for “phenomenal” advice in Environment Agency Prosecution

February 7, 2014

Mark Rhind and Andrew Smith from Exchange Chambers have been praised for their “phenomenal” advice while acting for the defendants in a high profile Environment Agency prosecution.

Frank Flannigan Junior, his company DepotHire Ltd and his father Frances Clavering Flannigan were ordered to pay a total of £248,000 after being convicted of waste crime offences.

This case had started out as an allegation of deliberate dumping of waste on illegal tips on three farms on an industrial scale.

Mark Rhind and Andrew Smith fought every aspect of the case and established that the Environment Agency had massively overstated its case and made errors in its investigation, its calculations of waste missing and of restoration costs.

The defendants were acquitted in respect of one of the farms after a nine week trial and the jury were unable to reach verdicts in respect of the other two. After extensive negotiations the Environment Agency offered no evidence on one count and the defendant entered a guilty plea to unlawfully depositing waste at a single farm on the limited basis that they had failed to put proper monitoring systems in place for their employees and so had recklessly deposited a small quantity of prohibited waste amongst a huge quantity of waste which was being properly and legally deposited under a registered exemption for agricultural purposes.

The instructing solicitors were Stephensons.

Commenting on the case, Frank Flannigan said:

“I wish to convey my sincere appreciation as for the outstanding work that Stephensons Solicitors and Exchange Chambers Barristers have carried out for me during my recent Environmental Court Case.

“Rachel Adamson also Victoria Tague of Stephensons Solicitors along with Leading Barrister Mark Rhind and Barrister Andy Smith of Exchange Chambers were all extremely knowledgeable of the Environmental Law.  The way that the team worked together in preparing the case and presenting the case was phenomenal.”