Local Government and Social Housing
Kevin is an experienced practitioner in criminal and regulatory work. He was for many years on the Attorney- General’s List of Prosecuting Counsel and has been on its replacement – the Regulatory Advocates Panel – since its inception (List B). He is a CPS Specialist Prosecutor on the Fraud Panel (category 4) and Serious Crime Panel (category 3).
Historically, Kevin prosecuted a wide variety of criminal cases for bodies such as the RCPO, SOCA, UKBA and DWP whose prosecuting duties have now been taken over by the CPS. He now continues to undertake similar work for the CPS. Kevin has particular experience of cases involving fraud and money laundering and complicated confiscation issues. He is used to prosecuting cases which have attracted national media interest.
Kevin has prosecuted a variety of cases on behalf of local authorities covering areas as diverse as:
- Benefit fraud
- Street trading without a licence
- Illegal sale of alcohol to underage customers
- Counterfeit DVDs
- Infringement of Building Regulations
Kevin also has an interest in taxi licensing and has represented a number of different local authorities in relation to cases involving the regulation of hackney carriages and private hire vehicles.
Local Government & Social Housing Cases
WBC v BC (ongoing). A prosecution under the Housing Act 2004 of a professional landlord for alleged breaches of improvement notices and alleged breaches of selective licensing scheme conditions.
R v IC (2020). A Crown Court prosecution involving inter-linked investigations by a local authority and the DWP in relation to selling counterfeit goods over the internet. Confiscation proceedings are ongoing.
CK v LCC (2020). A 3 day hearing before a District Judge concerning an appeal against the refusal to grant a premises licence to sell alcohol and against the separate decision to revoke a newly issued personal licence. Issues in the case included an attack by the appellant on the continued existence of a Cumulative Impact Policy in the area and whether the lack of police objection to previous Temporary Events Notices at the premises was inconsistent with a police objection to the grant of a premises licence.
(2020). Advising a local authority concerning the practicability of establishing a local authority Park Police Service.
SMDC v CS (2019). A prosecution for failing to comply with the requirements of an abatement notice relating to the burning of waste materials on farmland. Issues included proving actual occupation of the land at the material time and whether Proceeds of Crime Act proceedings were merited following conviction.
R v E Ltd, CT Ltd and CC Ltd (2016). A joint prosecution between the Environment Agency and a local authority involving oven cleaner that illegally re-entered the market following its recall instead of being disposed of as toxic waste. The total fines imposed exceeded £350,000.
J v LCC (2016). Which concerned an appeal against the decision of the local authority to revoke a hackney carriage driver’s licence on the basis of alleged inappropriate conduct on the part of the driver towards his passenger.
HSE v S Ltd (2016). Uncontrolled discharge of toxic liquid at a chemical factory. One of the first Crown Court cases in the country to apply the new Sentencing Guidelines for Health and Safety offences. The fines imposed totalled £200,000.
SRBC v J (2015). Regulatory advice provided to local authority in relation to alleged noise nuisance, issues surrounding the wording of the abatement notice and the ambit of the best practicable means defence.
M v LCC (2015). Which concerned a successful defence in the County Court to a civil claim challenging the lawfulness of the local authority charging an administration fee for adding the name of a part proprietor to a hackney carriage vehicle licence.
R v Shabina Nawaz  EWCA Crim 1930. The appellant unsuccessfully sought to challenge her conviction for Housing Benefit fraud by the calling of fresh evidence before the Court of Appeal. Issues included whether the prosecution could disprove the Appellant’s claim to hold a property as bare trustee for a relative.
R v B (2013). A successful prosecution of Housing Benefit fraud perpetrated against two local authorities as well as a fraud on the DWP. The fraud totalled £120,000. The defendant was convicted in 2008 but then fled abroad. He was extradited in 2013 and sentenced to 3 years imprisonment. The case attracted widespread publicity.
WBC v CM Ltd. This was a prosecution in Liverpool Crown Court on behalf of a local authority which had prosecuted a company for health and safety breaches arising out of a fatal accident at the defendant’s premises. The fine imposed was, at the time, the largest fine handed down in a health and safety prosecution brought by the local authority.
R v D and H (2012). A joint prosecution brought by the DWP and a local authority involving an alleged benefit fraud exceeding £100,000. Confiscation proceedings in the Crown Court resulted in an order for recovery of all overpaid Housing Benefit.
WBC v P (2012). A Crown court prosecution brought by a local authority involving an allegation of the illegal dumping of household waste.