Barry Berlin Regulatory

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


Environmental

Barry regularly appears in serious Environment Agency cases involving Category 1 water resources, waste and pollution matters. He is frequently instructed in scientifically complex areas involving tracing and air pollution.

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

He has lectured for the past 15 years to MSc Environmental Health Students at the University of Birmingham.

Recent Cases:

Prosecution of a 12 handed waste and asbestos case for BREW

He appeared in the case against Cemex (formerly Rugby Cement) involving dioxins, furans and PM10 emissions from its plant

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Health & Safety, Corporate & Gross Negligence Manslaughter

Barry practises regularly in the area of health and safety and particularly in cases involving fatalities. He has been involved in the prosecution of Birmingham and Solihull NHS Trust and Servol Community Trust in a scolding to death case and prosecuted NS Sense for a choking to death matter. Other cases include prosecution of Pentons for a crushing to death in a transhipping operation and the prosecution of Interpipe for a crushing to death injury of a member of staff arranging the movement of steel pipe. He has recently successfully prosecuted Merlin Attractions Operations Limited for a fatal accident which occurred when a visitor fell from a bridge at Warwick Castle.

Recently, Barry prosecuted Tesco, BHS and Marks and Spencer for health and safety breaches involving serious injuries to staff and the public. He prosecuted the Alexandra Theatre in Birmingham when serious injury was caused by the collapse of an orchestra pit cover and prosecuted a stock car organiser for injury to a spectator.

Barry undertakes both prosecution and defence asbestos cases. He has defended local authorities including Birmingham, Dudley, Sandwell and Cherwell who have been prosecuted by the HSE for similar breaches.

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Licensing

Barry appears frequently in taxi licensing appeals and in cases for and against the taxi/private hire Industry, in relation to changes of conditions, playing for hire etc.

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Trading Standards, Consumer Protection & Food Safety

Barry has been involved in some of the major cases in trading standards and regularly appears in Trademark and consumer law matters.

He advised and attended the DTI conference as National Association of Estate Agents delegate and assisted in drafting the Property Misdescriptions Act 1991 Code for Estate Agents. This Code of Practice is now widely adopted as a template for due diligence systems across the Country.

Barry regularly lectures to local authorities, via Midland Court User Groups and LGG, in such areas as corporate manslaughter, fatal accidents, Section 80 Appeals, Human Rights Act, prosecution preparation and duties.

Recent Cases:

Prosecution of a widespread counterfeit pottery case in Stoke.

Prosecution for counterfeit clothes and CDs for local authorities all over the country.

 

Barry has regularly appeared in food poisoning cases. Two key cases were the prosecution of the largest milk borne outbreak in the country for Cumbria. Barry prosecuted the extensively media reported case against Cadbury Limited involving the sale of chocolate products containing Salmonella Montevideo and the attempt at cover up.

Barry has been involved in defending food hygiene cases for large companies including McDonalds Restaurants Limited and BHS.

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VAT & Excise

Barry has appeared for Customs in Phoenix Syndrome cases and drafted a template for VAT recovery used by Customs in such matters.

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