Duncan Milne

Teams: Crime & Regulatory (General Crime, Asset Recovery & Money Laundering, Licensing, Trading Standards, Health & Safety, Food Safety, Environment, Animal Health), Planning (Enforcement), Common Law (Insolvency, Inquests), Public Access (Direct Public Access)

Year Called: 2007

Inn: Lincoln's Inn

Qualifications: M.Phil (Cantab), BA (Hons)(York), GDL and BVC (Very Competent, College of Law), Hardwicke Award and Levitt Scholar (Lincoln's Inn)

Appointments: Level 2 Crown Court Prosecutor

Memberships: Criminal Bar Association, Western Circuit, Institute of Licensing, Chartered Trading Standards Institute (Affiliate Member)

Bar Council Registration

Overview:

Duncan practices almost exclusively in regulatory crime and its associated areas, particularly trading standards, food safety, environmental health, health and safety and licensing. Duncan has significant experience in cases that concern local authority decision-making, such as appeals against enforcement notices or licensing decisions. Duncan also provides training in his areas of expertise, including seminars for local authorities and trade organisations. Recent topics include HMO Licensing, Disclosure, RIPA, POCA and taxi and premises licensing.

Regulatory Crime:

Duncan specialises in regulatory crime where he both prosecutes and defends. Duncan's recent advisory and court work includes the following:

Trading Standards:

2016 - WSCC v G and G (fraud / roofing / driveways)

2016 - WB v W, W, J and G (conspiracy / counterfeiting)

2016 – WSCC v PPS (fraud / diesel / bio-fuel)

2016 - STS v AS (aggressive commercial practices / building)

2016 - WSCC v JG (unfair commercial practices / gardening)

2015 - WB v 3D (unfair commercial practices / defective cars)

2015 - WC v RL (unfair commercial practices / FSH cars)

2015 - STS v GD (fraud / money laundering / roofing)

2015 - WSCC v M, A and B (fraudulent trading / motor cars)

2015 – WC v FW (aggressive commercial practices / driveways)

2015 – WC v MT (professional diligence / director neglect)

2014 – BBC v DS (unfair commercial practices / roofing)

2014 – WC v PW (unfair commercial practices / driveways)

2014 – WC v JD (unfair commercial practices / driveways)

2014 – WSCC v CW (manufacturing / sale of counterfeit clothing)

2014 – WSCC v SR (importation / sale of counterfeit DVDs)

Food Safety:

2016 – GBC v TLT (food hygiene / uncleanliness / HACCP)

2016 - VWDC v L (campylobacter / food hygiene)

2016 - EBC v AC (cockroach infestation / HACCP)

2015 - RBBC v TMS (fruit flies / public house) 

2015 – WSCC v TFD Limited (labelling / sale as ‘monkfish’)

2014 – NFDC v GI Limited (food hygiene / uncleanliness)

2014 – FBC v WI Limited (unfit for human consumption)

2014 – NFDC v CH Limited (food hygiene / rat infestation)

2014 – SBC v JIS Limited (food hygiene / director consent)

Environmental Health:

2016 - GBC & Others v AM (fly-tipping / CBO / Hampshire)

2016 - GBC v AR (noise abatement notice / public house)

2016 - WC v QA (noise abatement notice / public house)

2015 - SCC v SP (breach of tree preservation order)

2015 – WB v RL (fly-tipping domestic and building waste)

2014 – EBC v LR (noise abatement notice / music)

2014 – NFDC v RH (noise abatement notice / dog barking)

2014 – TDC v CF (noise abatement notice / motocross)

2014 – SBC v DY and DS (breach of tree preservation order)

2014 – SBC v KI (breach of smoke control order)

2014 – GBC v CB (dog fouling offences)

Health and Safety:

2016 - BBC v BH (legionella / hotel)

2015 - BBC v SCB (crush injury / forklift truck)

2015 - Re: NH (fall from height injury / hotel)

2015 - Re: TVDC (slipping injury / supermarket) 

2015 – BBC v TLG Limited (crush injury / licensed premises)

2015 – NFDC v MH Limited (fall from height injury / hotel)

Planning / Highway Enforcement:

2016 - EHDC v 626 (unlawful advertising / parked vehicles)

2016 - EHDC v SH (section 187A offences / car wash)

2015 - SCC v K and Others (pedlar offences / control order)

2015 - RBC v B and Others (section 179 offences / farm)

2014 - BBC v MM (unlawful advertising / parked vehicles)

2014 - BBC v SS Ltd (unlawful advertising / parked vehicles)

Benefit / Local Authority Fraud:

2016 - FBC v TW (undeclared income / benefit fraud)

2015 - DCC v DrVL (GP / parking fraud)

2015 - WB v DV (charity collection bags / fraud)

2015 – STS v RS  (£234k confiscation /benefit fraud)

2015 – RBC v MB  (£120k confiscation / benefit fraud)

2015 – VWDC v AH  (co-habitation / benefit fraud)

2014 – RBC v LK and PG (‘sham’ tenancy / benefit fraud)

2014 – TDC v JW  (co-habitation / benefit fraud)

2014 – EBC v MSG  (undeclared capital / benefit fraud)

2014 – EBC v KP  (co-habitation / benefit fraud)

2014 – EBC v GD  (undeclared capital / benefit fraud)

2014 – RBC v RS and YS (undeclared capital / benefit fraud)

2014 – EHDC v JB  (undeclared capital / benefit fraud)

2014 – FBC v JM  (undeclared capital / benefit fraud)

2014 – SCC v TG  (co-habitation benefit / fraud)

Animals:

2016 - FBC v RW (dog control orders / extensive injuries)

2016 – EHDC v B and P (welfare / horses/ fly-grazing)

2016 - HCC v RD (cattle records / animal health)

Miscellaneous:

2016 - Chief Constable v LL (stolen cars / PPA / Part 86)

2016 - EHDC v B and P (HMO licensing / hotel conversion)

2014 - BIS v AG and RG (bankruptcy offences / undertakings)

Licensing:

Duncan has significant experience in premises and taxi licensing. He regularly appears in licensing matters before sub-committee and on appeals before the Magistrates and Crown Courts. Since 2010 Duncan has been instructed as a legal advisor to a number of local authority licensing committees across the south. This experience coupled with his experience in regulatory crime and noise nuisance cases make Duncan effective at dealing with a range of licensing matters on behalf of applicants, responsible authorities and others. Duncan's recent advisory and court work includes the following:

2016 – Re: FA    (taxi / sexual advances / revocation)

2016 – Re: PD    (taxi / cherry picking / revocation)

2016 – Re: JS    (taxi / medical condition / revocation)

2016 – Re: SN    (taxi / sexual questioning / revocation)

2016 – Re: SR    (taxi / careless driving / revocation)

2015 – Re: SN    (taxi / careless driving / suspension)

2015 – Re: KG    (taxi / fraud / refuse to renew)

2015 – Re: TGPH   (premises / lock-ins / revocation)

2015 – Re: HH    (premises / boutique hotel / application)

2015 – Re: STP   (festival / interim steps and review)

2015 – Re: WS   (late night levy / variation)

2014 – Re: RN    (taxi / threats / revocation) 

2014 – Re: SJP   (premises / noise / revocation)

General Crime:

Duncan prosecutes and defends in general criminal proceedings as a led junior and junior alone. He has experience in the Youth, Magistrates’ and Crown Courts as well as Courts Martial, the Divisional Court and the Court of Appeal. Duncan's experience in general crime includes offences of violence, drugs, weapons, dishonesty, dangerous driving and also ancillary matters such as POCA and post-conviction orders including SCPOs. Duncan was also junior to the Crown and Disclosure Counsel [2015/2016] in Operation Buntline: said to be the largest drugs conspiracy prosecution by Hampshire Constabulary. http://www.bbc.co.uk/news/uk-england-hampshire-37249917.

Civil:

Duncan has experience in civil enforcement proceedings, including proceedings under the Enterprise Act 2002 and the Proceeds of Crime Act 2002. He also handles contentious insolvency cases (personal and corporate) and has experience dealing with statutory demands, bankruptcy and winding up petitions and IVAs. Duncan can also advise in relation to matters arising out of bankruptcy, including interests held in property and potential liability for bankruptcy offences under the Insolvency Act 1986. Duncan also has experience appearing at Inquests, particularly those involving road traffic fatalities.

Duncan is able to accept instructions directly from members of the public under the Bar Direct Access Scheme. This allows him, in appropriate cases, to work without a solicitor. Enquiries about instructing Duncan directly can be made via http://12cpbarristers.co.uk/.

VAT Number:  947034714

 

 

 

  

Duncan Milne

Notable Cases