Business and regulatory crime / Professional discipline and misconduct / Motoring and haulage / Trading standards / Care / Health and Safety
I am an experienced criminal defence and regulatory solicitor specialising in defending businesses and individuals under investigation. I regularly advise clients from the outset of proceedings, from interviews under caution through to the final hearings and appeals. I primarily deal with cases prosecuted by the police, fire authorities, HSE, Trading Standards and CQC. I can also provide advice and support to regulated professionals where concerns are raised in relation to their fitness to practise.
Health, Safety and Environmental: I am regularly instructed to represent individual directors and companies in respect of investigations and prosecutions into alleged regulatory breaches. I am experienced in representing clients from a range of industries in relation to a wide spectrum of regulatory offences. Recently, I have been instructed to represent a company and managing director in a prosecution under section 2 Health and Safety at Work Act in relation to allegations that a number of employees contracted hand arm vibration syndrome. I regularly act for companies in respect of investigations into falls from height, as well as, businesses accused of not conducting suitable and sufficient risk assessments. I was also recently instructed to represent a company in respect of multiple alleged breaches of the Regulatory Reform (Fire Safety) Order 2005 following the death of a care home resident in 2015.
Inquests: Ihave been instructed by businesses and individuals who have been designated as interested persons in inquest proceedings. I have particular experience in assisting those in the care home sector. Such cases often involve sensitive issues which can impact on other pieces of litigation, particularly where there is a potential for criticism by the coroner. I have acted for nursing homes in inquests into the deaths of residents who have died after not having been administered medicine. I have also represented several care homes and the care staff in inquests following the deaths of residents who have fallen and passed away several weeks later.
Crime: I have been instructed by clients in high profile criminal cases including the most serious offences brought before the courts. I represent clients from the outset of the investigation, including personal attendance at interview under caution, through to trial. When instructed at an early stage, I have a very good record of matters not progressing beyond the interview stage.
Licensing: I appreciate the far-reaching consequences of a licence being refused and/or enforcement action being taken and provide straightforward, practical advice and support. I have recently represented a music venue in appeal proceedings stemming from a decision to revoke its licence that was settled by way of consent, allowing the venue to continue to operate. I have also represented a shooting club in appeal proceedings against the local authority’s decision to issue a noise abatement notice. Following submissions and lengthy discussions with the lawyer for the local authority, the notice was withdrawn.
"This young man was amazing he led me through every step and was very kind to a very nervous old lady."
Mrs Ritchie, Fostering Network client
"Speedy, informative response. Pleased to have had Gareth in interview with me with professional support."
Mr Dawson, Fostering Network client
“Thank you for all your assistance in this case – it has been very refreshing to have such a diligent instructing solicitor!”
Miss Katie Jones (Counsel – Lincoln House Chambers) in respect of a recent fostering network case where the client was acquitted after trial
“The ‘straight-talking’ Gareth Martin attracts praise for his ‘ability to speak to clients in plain and simple language’.”
Legal 500, 2019