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


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.

Regulatory Crime

Duncan specialises in regulatory crime where he both prosecutes and defends. In addition to his advisory work, Duncan’s recent court work includes the following:

Trading Standards:

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 SS (unlawful advertising / stationary vehicles)

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

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

2014 – BBC v MM (unlawful advertising / stationary vehicles)

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:

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:

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:

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

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


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

2015 – RBC v B and Others (planning enforcement breaches)

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

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

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

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 (£180k 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)


Duncan has significant experience in premises and taxi licensing. He has been instructed as a legal advisor to a number of licensing sub-committees since 2010 and frequently appears on behalf of Applicants and Responsible Authorities in licensing applications and appeals. His experience of regulatory crime, particularly trading standards and environmental health cases, is of great benefit to his licensing practice particularly in noise-sensitive cases. In addition to his advisory work, including advice regarding the implementation of the Late Night Levy, Duncan’s recent court and committee work includes the following:

2015 - Re: SN (appeal / suspension of taxi licence)

2015 - Re: KG (appeal / refusal to renew taxi licence)

2015 – Re: TGPH (appeal / revocation of PL at a local pub)

2015 – Re: HH (application to vary a hotel’s premises licence)

2015 – Re: STP (application for interim steps and review)

2014 – Re: RN (appeal / revocation of taxi licence)

2014 – Re: SJP (appeal / revocation of PL at a local pub)

2014 – Re: SH (appeal / revocation of PL at a petrol station)

2013 – Re: CFH (appeal / refusal to grant PL / cumulative impact)

2013 – Re: BCS (appeal / revocation of PL / counterfeit sales)

2013 – Re: BB (appeal / revocation of PL / assault and weapons)

2013 – Re: KCS (appeal / refusal to grant PL / cumulative impact)

2013 – Re: UC (appeal against conditions / restaurant)

2013 – Re: AA (appeal / revocation of taxi licence)

General Crime

Duncan prosecutes and defends in general criminal matters. He is particularly experienced in dishonesty offences, which draw on his experience in benefit fraud cases. Duncan has handled complex and high-profile benefit frauds for a number of years which often receive press coverage. In one example, the case became the subject of a BBC Scambusters documentary. Duncan also handles confiscation proceedings (contested or otherwise) as well as more general criminal litigation involving violence, drugs or weapons.


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