Barry Berlin

Call: 1981

Introduction

Barry is an acknowledged leader in regulatory work, environmental health, and health and safety.

‘When his name crops up on the other side you know you have got your work cut out. He is extremely experienced and very thorough.’ – Chambers and Partners 2014.

‘An experienced regulatory practitioner who is a popular choice for prosecuting high-profile incidents on behalf of local authorities and regulators.’ – Chambers and Partners 2014.

Chambers and Partners 2013 noted that he ‘handles a good deal of prosecution, much of it relating to food’ and is ‘a very thorough man who knows his regulatory laws backwards’. He is stated to be a ‘formidable opponent’.

Legal 500 2010 states that Barry is ‘highly recommended for environmental cases’.

Barry is on the Attorney General’s A list for crime, regularly appearing for the Environment Agency in Category 1 water pollution incidents including oil over 30km of River Severn leading to widespread fish kill, failures at sewage stations and blockages in public drains.

He regularly prosecutes and defends for unlawful controlled waste deposits, production of fraudulent waste control records (eg. Leigh Environmental Limited) and burning clinical waste at incinerators without interlock or alarms (eg. Britcare Limited) resulting in particulate matter and CFC release.

Barry prosecutes and defends in health and safety matters. Cases have included the death of a man excluded from a night club, the fatal accident to a baby involving anaphylactic shock, the crushing of a woman by a bus, the choking of a patient in a care home, and against a NHS trust resulting from the scalding to death in a bath of a respite centre patient. He prosecuted the Alexandra Theatre for the injuries caused to members of the audience when a section of the stage He appears for and against local authorities regularly in all regulatory areas in cases involving trading standards, trade marks, and fraud matters. He was involved in section 80 EPA 1990 appeals including the Fiddle and Bone and the Spotted Dog. Barry was prosecuting Counsel in the leading case of Sterling Homes v Birmingham City Council.

He has prosecuted for Ofcom in cases involving the RTT & E Regulations and the EMC Regulations.

He appears regularly in food safety and hygiene cases, including cases for and against McDonalds Restaurants Limited, Greene King Plc and notably for the prosecution in the food poisoning case against Cadbury Ltd.

He has prosecuted for Customs in Value Added Tax Act 1994 matters involving phoenix syndrome issues.

Barry is ranked by Chambers UK 2013 under Consumer Law and Health and Safety and is praised for being ‘a very thorough man who knows health and safety law backwards. He is a dab hand at often harrowing cases, and adopts a “meticulous approach which leaves no stone unturned”. As well as his “impressive and commanding advocacy style”.

Qualifications and Appointments:

Recorder of the Crown Court


My Expertise