Douglas Scott

Environment

• Advised on an issue of how to protect a Site of Special Scientific Interest from water pollution and drafted pre-issue correspondence to the Environment Agency (the “EA”).

• Advised on a complaint to the Office for Environmental Protection relating to the detrimental effects of poor water flow levels in protected rivers.

• Acted for a waste management company in proceedings brought against it for the alleged harming of a protected birds site and following legal argument the CPS withdrew the charges brought.

• Acted for several permit holders in a variety of enforcement proceedings, including suspension notices, revocation notices and closure notices.

• Assisted advising the EA on the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 and parasitic liability.

• Regularly instructed in nuisance claims for local authorities, private prosecutor and defendants.

• Recently acted for an individual accused of an offence under the Forestry Act 1967. Following submissions to the CPS the case was discontinued.

• Acted for water undertakers in both civil and criminal proceedings.

Doug is also a contributor to Garner’s Environmental Law.

Food

• Junior counsel in R (Fold Hill Foods Ltd) v Food Standards Agency [2023] EWHC 2271 (Admin) relating to the Food Standards Agency’s investigation into a pet feed business.

• Prosecuting junior in a food hygiene trial against a national supermarket in the Crown Court.

• Prosecuted, defended and advised in the pre-charge stage of several food related prosecutions.

• Acts for both Food Business Operators and local authorities in civil enforcement proceedings.

• Assisted drafting grounds of claim in Judicial Review proceedings involving abattoir enforcement compliance.

Civil

• Acted for a claimant in a Part 8 disposal hearing where the court awarded specific performance of the auction contract and costs in full.

• Regularly instructed to conduct litigation and advisory work in various civil claims, including defending a local authority for an alleged breach of their statutory housing duty, acting for a water undertaker in the alleged breach of a statutory duty to connect a water pipe and advising a large property company, pre-proceedings, in respect of a maintenance contract.

• Advised on a multi-million claim relating to the negligent refurbishment of bridges.

• Advised on professional negligence, contested probate and insolvency proceedings.

• Regularly instructed for both applicant and respondent in police-related hearings including SHPOs, SPOs, Closure Orders and POCA related proceedings.

• Regularly instructed by landlords in housing related proceedings.

• Acted for a company seeking a mandatory injunction in the High Court.

Planning

• Recently acted for the successful appellant where the Planning Inspector granted a certificate of lawfulness of existing use or development (https://6pumpcourt.co.uk/inspector-finds-no-positive-deception-and-grants-certificate-of-lawful-use-on-appeal/).

• Recently successful in overturning a Local Planning Authority’s decision to refuse Reserved Matters approval. Following the issuing of Judicial Review proceedings the LPA conceded.

• Successfully opposed a planning appeal for an 80-bed care home following a two-day hearing (https://6pumpcourt.co.uk/care-home-planning-appeal-inwokingham/ and https://6pumpcourt.co.uk/successful-resistance-of-care-home-planningappeal/).

• Regularly appears and advises on planning enforcement cases for both local authorities and defendants.

• Advising on challenging an application to register land as common land.

• Advised on CIL liability for both residential and commercial properties, including CIL liability appeals.

Inquests, Inquiries and other regulatory work

• Acted for the Ministry of Housing, Communities and Local Government in the Grenfell Tower Inquiry.

• Acts for interested persons in inquests, most recently instructed by the police and an oversees company.

• Instructed to advise and appear in proceedings relating to Houses in Multiple Occupation. Currently acting for an owner appealing two Prohibition Orders in the First-tier Tribunal.

• Instructed in road transport matters including taxi licence appeals (both at first instance and on appeal to the Crown Court) and public inquiries before the Traffic Commissioner.

• Acts for individuals charged with animal welfare offences.

• Instructed to advise on health and safety matters including a commercial landlords health and safety obligations regarding Reinforced Autoclaved Aerated Concrete found in their property.

• Instructed on a variety of licensing hearings both at first instance and also on appeal.

Doug is also Secretary of the Health and Safety Lawyers’ Association.

Crime

• Instructed to prosecute and defend in all types of criminal proceedings, most commonly proceedings that involve aspects of regulatory law.

• Successful in the Court of Appeal (https://6pumpcourt.co.uk/court-of-appeal-allow-appeal-against-sentence/).

• Experience representing defendants in private prosecutions and most recently successful in dismissing a case for brought by a private prosecutor.

Education

University of Sheffield, LLB (First Class)

Appointments

• CPS Grade 1
• Attorney-General’s Regulatory List of Counsel (C List)

Memberships

• Criminal Bar Association
• Health & Safety Lawyers Association
• Planning and Environment Bar Association
• UK Environmental Law Association
• Food Law Group

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