Douglas Scott

Environment

• Acting in judicial review proceedings against Natural England relating to a breach of the duty under regulation 9(1) of the Conservation of Habitats and Species Regulations 2017.
• Acted in judicial review proceedings relating to the issuing of a closure notice for a landfill waste facility ( (on the application of Walleys Quarry Ltd) v Environment Agency [2025] EWHC 521 (Admin)).
• 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 environmental 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 prosecutors and defendants.
• Acted in proceedings relating to offences Forestry Act 1967.
• Acted for water undertakers in both civil and criminal proceedings.

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

Health & safety

• Prosecutes on behalf of the Health and Safety Executive (“HSE”) against companies and individuals. These include breaches of regulations under the Health and Safety at Work etc. Act 1974, the Work at Height Regulations 2005 and the Construction (Design and Management) Regulations 2015.
• Regularly defends in criminal proceedings brought by the HSE. These include offences relating to the legislation outlined above and also the Explosives Regulations 2014.
• Advises in matters relating to health and safety, including public bodies on their liability for building safety related matters and private companies in respect of reinforced autoclaved aerated concrete liability.

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

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, such as Hygiene Emergency Prohibition Orders.
  • Assisted drafting grounds of claim in Judicial Review proceedings involving abattoir enforcement compliance.

Planning

• 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/).
• Acted for a company in judicial review proceedings relating to the Local Planning Authority’s decision to refuse Reserved Matters approval. Following the issuing of proceedings the LPA conceded and planning permission has subsequently been granted.
• Advised in several cases relating to certificates of lawfulness, including those relating to amalgamation of dwellings and whether challenges can be made to LPA’s refusal notices.
• 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.
• Advised on challenging an application to register land as common land.
• Advised on CIL liability for both residential and commercial properties, including CIL liability appeals.

Road Transport

• Appeared before various Traffic Commissioners on several occasions at public inquiries on behalf of road transport operators.
• Acted in driver conduct hearings before the Traffic Commissioner.
• Acted in several Clandestine entrant civil penalty proceedings on behalf of vehicle owners and have always secured the reduction in the penalty amount.
• Regularly acts for both drivers and licensing authorities in relation to taxi licence appeals.

Inquests & Inquiries

• Instructed to act inquests for a wide range of clients, including:
  • individuals in care homes;
  • the police;
  • international companies where their employee has died; and
  • companies where product liability issues arise.
• Acted for the Ministry of Housing, Communities and Local Government in the Grenfell Tower Inquiry.

Housing / Landlord and Tenant

• Acts for individuals and local authorities in First-tier Tribunal proceedings relating to housing matters.
• Instructed by local authorities in relation to financial penalty and banning order appeals in the First-tier Tribunal.
• Acts for individuals where fire safety issues have arisen in relation to their property.

Crime

• Instructed to prosecute and defend in all types of criminal proceedings, most commonly proceedings that involve aspects of regulatory law, including financial regulation and animal welfare prosecutions
• Successful in the Court of Appeal (https://6pumpcourt.co.uk/court-of-appeal-allow-appeal-against-sentence/).
• Experience representing defendants in private prosecutions including successfully dismissing cases brought by a private prosecutor.

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.
• Advised and drafted statements of case in personal injury claims.
• Instructed on a variety of licensing hearings both at first instance and also on appeal.

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

Latest news