Lee Bennett

Year of Call: 1998

Practice groups
Civil & Commercial Law
Public, Planning & Environmental Law
Regulatory Law

Education

LL.B (EUR) Hons, Norwich Law School, UEA and the University of Athens, Greece

LL.M (Cantab), Magdalene College, Cambridge

Memberships

Association of Health and Safety Lawyers, Planning and Environmental Bar Association, South Eastern Circuit

Profile

Lee Bennett is a specialist regulatory barrister who also has a well-established practice in complementary areas of environmental and civil law.

In regulatory crime his work is balanced between defending and prosecuting. He prosecutes on behalf of a number of Local Authorities. In defending he acts for companies and individuals. His corporate clients include those in the industrial, construction (including rail infrastructure) and service sectors (including significant UK retail and leisure companies) and their insurers.

His environmental practice focuses on waste and pollution particularly in respect of the chemical and hazardous waste industries. He also has considerable experience in the law of nuisance both under statute and at common law.

His civil practice is predominantly personal injury related and is largely but not exclusively defence orientated. He also has experience in the area of product liability and consumer protection. His client base is akin to that in his regulatory practice.

Regulatory Law

Health and Safety

He has conducted a range of proceedings for health and safety offences including:-

  • Health and Safety at Work etc Act 1974: serious breaches of the general duties including fatalities and complex cases with difficult factual, scientific and expert issues and more straightforward breaches in workplaces subject to Local Authority, Health and Safety Executive and Office of the Rail Regulator enforcement.
  • Health and Safety Regulations: all proceedings, no matter the scale, including those in respect of machinery and equipment, risk assessments, manual handling, workplaces and noise.

Lee Bennett has particular experience of asbestos-related cases and COSHH. Offences under the Regulatory Reform (Fire Safety) Order 2005 are another area of expertise.

He also conducts Improvement and Prohibition Notice Appeals.

Trade & Consumer

Lee Bennett’s work is in the area includes all areas enforced by Trading Standards Authorities:

  • Weights and measures – from haulage to retail;
  • Trademarks and counterfeiting;
  • Property misdescription;
  • Trade descriptions including significant rogue car traders;
  • Consumer protection and product safety; and
  • Consumer credit and illegal money lending.

Food Safety

Lee Bennett has always worked in the area of food safety and food law. He has conducted proceedings for both the Prosecution and Defence under the:-

  • Food Safety Act 1990;
  • General Food Regulations 2004 and all other Community Regulations; and
  • Food Hygiene (England) Regulations 2006

He is fully conversant with HACCP and the standards required of food business operators subject to local authority enforcement.

Lee Bennett advises a diverse range of clients in this area. His advice can be case-specific or aimed at assisting clients improve their understanding of the regulatory framework and how best to comply with it.

Licensing

He acts in those areas subject to Local Authority Licensing including the licensing of hackney carriage and private hire taxis and matters under the Licensing Act 2003 and the Gambling Act 2005.

He has acted for licensing authorities, responsible bodies such as environmental health departments and the police as well as those seeking licences.

His crossover experience from other areas of practice means he is well placed to offer practical advice in this area.

He has conducted licensing prosecutions in all of these areas.  He has appeared before Committee.  He has represented parties on appeal to the Magistrates' and Crown Courts in respect of taxi appeals and Section 51 Reviews and Section 181, Schedule 5 Appeals under the Licensing Act 2003.

He has particular experience in respect of the law of nuisance as applied under the Licensing Act 2003 and the vexed issue of public nuisance caused by licensed premises.

Proceeds of Crime

He has conducted proceedings under both the Criminal Justice Act 1998 and the Proceeds of Crime Act 2002. He has also advised upon and conducted restraint proceedings and ancillary matters. He has successfully obtained a series of high value Orders in cases of trade and consumer law including trademark infringement and trade description offences.

Anti Social Behaviour

ASBO’s are increasingly common across a range of areas subject to regulatory enforcement and Lee Bennett is experienced not only in the traditional application of these orders but also their use in combating environmental crime. He has worked with dispersal orders and associated matters including injunctive relief.

Fraud

Lee Bennett has acted for the Fraud Prosecution Service and has prosecuted in cases of fraud and corruption with a Local Authority and Charities background.

He prosecutes and defends in Fraud Act charges and offences under the Social Security Legislation.

Animal Welfare

He has acted as barrister to the RSPCA for both advice and court work. He has also defended those charged with animal welfare offences.

Environmental Law

He prosecutes and defends in this area of law. He specialises in the law of nuisance. He has particular experience in the chemical and hazardous waste industries. He has acted in:-

  • Cases under ss33 and 34 of the Environmental Protection Act 1990;
  • Statutory Nuisance proceedings and associated matters on appeal against abatement notices; and
  • Fly tipping and fly-posting cases

He has advised on fixed penalty regimes and conducted proceedings where fixed penalty notices have been previously declined.  He has particular experience in the implementation of anti-littering regimes and their enforcement. 

Civil Law

Lee Bennett’s civil practice complements his health and safety practice overall. His pupillage was predominantly personal injury-related and he has practiced in this area ever since. He mainly defends. He acts in all matters of Employer and Public Liability (EL and PL).  He has particular experience of CRU appeals both before the tribunal and the Commissioner. He also has experience in the area of product liability and consumer protection.

Advice and Training

With a depth and breadth of knowledge across a range of regulatory frameworks Lee Bennett is frequently asked to advise statutory bodies on statutory interpretation. He has advised Police Authorities, Fire and Rescue Services and Local Authorities.

He has also advised prosecuting authorities on their own enforcement polices and procedures including developments under the Regulatory Enforcement and Sanction Act 2008 and the better regulation initiatives of central government including BERR and BIS. 

In all areas of his practice he has tailor-made training courses for clients in the public and private sectors and can be instructed to provide training which is CPD accredited.

 

6 Pump Court, Temple, London, EC4Y 7AR | T 020 7797 8400 | F 020 7797 8401 | Email clerks | legal notices | credits