Ben Thomas is a Specialist Regulatory List Advocate.
Ben has considerable experience of prosecuting regulatory offences on behalf of local authorities for the full range of regulatory offences including health and safety act offences, unauthorised demolition, breach of hygiene improvement notices and breach of enforcement notices. He has represented local authorities in relation to appeals against abatement notices. He is currently instructed to advise in respect of a potential prosecution under the Health and Safety at Work Act 1974 which arises out of a fatal accident. He also has experience of taxi licensing appeals for both Appellants and the Respondent. He is regularly asked to advice in relation to new legislation and regulations. He is always happy to assist with advice, whether in writing or in conference
Ben has represented Defendants prosecuted by the Environment Agency and by the local authorities for offences relating to waste disposal and breaches of tree preservation orders. He has also prosecuted cases on behalf of DEFRA and successfully defended in prosecutions bought by rail companies. Ben has been instructed to defend in applications brought by the police for Gang Related Violence Injunctions and also has experience of representing defendant’s facing committal to prison for breach of these injunctions. He has considerable experience in defending applications for forfeiture of cash under the Proceeds of Crime Act 2002 and applications under the Customs and Excise Management Act 1979. He has also appeared at parole board hearings
Ben has been instructed as independent counsel in relation to reviewing material and advising in respect of Legal Professional Privilege for both the Police and Her Majesty’s Revenue and Customs.
- Craven District Council v Bizzie Lizzies Restaurants (January 2020)- Successful prosecution of a fish and chip shop for offences under the Health and Safety at Work Act resulting from an accident causing significant injuries to a staff member.
- Derby City Council v Good Mood Food (November 2019)- Defence of restaurant for breaches of food hygiene regulations.
- CSG v Craven District Council (December 2018) On going appeal regarding abatement notice,
- KR v Kirklees Council (February 2018) Appeal against the revocation of an alcohol licence.
- Nasir Ali v Craven District Council (November 2017) Successfully resisted the appeal against the revocation of a taxi licence in respect of a driver who had been alleged to have committed a sexual assault on a passenger. The appeal was dismissed, and the revocation upheld notwithstanding the decision of the police not to charge.
- Kirklees Council v JGC (Ltd) (July 2017) Defence of land agents for breach of a Tree Preservation Order.
- Craven District Council v David Eckersall (January 2017) Successful prosecution for the demolition of a Grade II listed building. This case attracted significant media interest
- The Chief Constable of West Yorkshire Police v LC (January 2014) Represented a Defendant in an application brought by the police for a Gang Related Violence Injunction. Successfully argued that any application should be stayed pending the Defendant’s on-going criminal proceedings and that an interim injunction was unnecessary in the circumstances
- The Chief Constable of West Yorkshire Police v PM (January 2012) Successful defence in cash forfeiture proceedings.