Malcolm Gibney

Teams: Crime & Regulatory (General Crime, Asset Recovery & Money Laundering, Licensing, Trading Standards, Health & Safety, Food Safety, Environment, Animal Health, Inquests, Judicial Review), Public Access (Direct Public Access)

Year Called: 1981

Inn: Inner Temple

Appointments: Recorder - Crime (2001) Civil (2005)

Memberships: Criminal Bar Association, Bar European Group, UK Environmental Law Association

Bar Council Registration

Regulatory Crime:

A Regulatory Crime specialist practising predominantly in the fields of Consumer, Environmental, Health and Safety, Food Safety, Animal Health and Licensing Law. He prosecutes for a large number of Local Authorities, HSE and the Environmental Agency and defends for a wide range of clients from retail companies with nationwide outlets facing brand and reputational damage to individuals facing loss of livelihood and/or liberty.

Recent Cases:

2016 – R v Rosen and others (Portsmouth) [fraudulent mis-selling of lcynene Spray foam insulation to vulnerable elderly across South East of England).

2016 – R v Blackmun (Portsmouth) [multiple food hygiene and food mis-description offences at retail butchery].

2016 – R v Zenith Staybrite Ltd and others (Guildford) [prosecuting National Retailer, officers and salesmen for fraudulent trading and unfair consumer practices in relation to the sale of UPVC doors, windows, guttering and related products].

2016 – Eastleigh BC v 99p Stores Ltd (Southampton) [prosecuting National Retailer for multiple food hygiene and in store Health and Safety offences].

2016 – R v Azmat and others (Winchester) [importation, distribution and sale of counterfeit clothing at markets across southern England].

2016 – HSE v Weller Scaffolding Ltd (Weymouth) [near fatal accident to employee while working at height].

2015 – R v Clarke and others (Aylesbury) [prosecuting conspiracy to sell unauthorised trade marked vehicle registration plates].

2015 – Eastleigh BC v Akhora Management Ltd and others (Southampton) [prosecuting ‘Real China’ for food hygiene offences following multi victim salmonella outbreak].

2015 – Portsmouth CC v 6oz Burgers Ltd (Portsmouth) [application for Declaration under food hygiene regulations following service of Emergency Prohibition Notice in relation to sale of ‘near raw’ burgers].

2015 – R v Cellbell Ltd and others (Southampton) [unauthorised possession and internet sales of trade marked mobile phone cases and related products].

2014 – R v Anchor Trust (Guildford) [prosecuting fatal accident at a Care Home where victim elderly resident].

2014 – R v Sandhu and others (Winchester) [fraudulent trading in counterfeit clothing and footwear].

2013 – WC v Equinox International Ltd (Salisbury) [Industrial noise nuisance appeal. Adverse impact on multiple dwellings and future of Local Development Plan].

2013 – R v McGovern (Portsmouth) [prosecuting importation of counterfeit camcorder accessories from China and their retailing on Amazon].

2013 – R v Jefferies (Swindon) [prosecuting the making and possession of counterfeit satnav discs and their retailing via Ebay].

2013 – Portsmouth CC v Jamie’s Italian Ltd (Portsmouth) [prosecuting sale of non gluten-free meal to a customer with coeliac and heart disease].

General Crime:

In his general work Malcolm also has significant experience of defending in cases of commercial fraud, money laundering, drug trafficking, sexual and other violent offending.

R v McIntosh and others (Newport) [conspiracy to kidnap and kidnapping - drug dealers].

R v Ramous (Newport) [precious metal theft from Historic Royal Yacht Britannia].

R v Grogan (Bournemouth) [armed robberies].

R v Baird and others (Bournemouth) [multi-million pound mortgage fraud].

R v Elamin (Dorchester) [rape and false imprisonment of former partner and another drug dealer].

R v Wills (Bournemouth) [criminal damage at sea to Trimaran using a jet-ski].

R v Morana (Winchester) [Sicilian godfather involved in multi-million pound money laundering and class A drug supply].

R v Nwosu (Bournemouth) [rape of alleged teenage prostitute].

VAT Number: 382698893