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 - 2001

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

Bar Council Registration

Regulatory Crime:

Malcolm is 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 Environment 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.

Examples of recent regulatory cases instructed as trial counsel:

2013 - WC v E Ltd (Salisbury CC) [For Appellant in industrial noise nuisance appeal.  Adverse impact on multiple dwellings and future of Local Development Plan];

2013 - R v M (Portsmouth CC) [prosecuting importation of counterfeit camcorder accessories from China and their retailing on Amazon];

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

2013 - Portsmouth City Council v Jamie`s Italian Ltd (Portsmouth Mags) [prosecuting the sale of non gluten-free meal to a customer with coeliac disease];

2012 - Sussex Police & Old Crypt (Hastings LSC) [resisting club premises licence for 24 hour operating]; 

2012 – Hampshire Constabulary & Pure Lounge (Basingstoke LSC) [resisting premises licence variation where use of safety glass challenged and justified]

2012 – R v Shanghai Village Ltd and others (Guildford CC) [prosecuting multiple breaches of food hygiene and safety regulations in Restaurant]

2012 – Bird v Spelthorne BC (Staines Mags) [resisting appeal against revocation of hackney carriage licence where enforcement policy and operational procedures challenged]

2012 – R(HSE) v Total Insulation Ltd (Aldershot Mags) [defending breaches of Management and other H&S Regs following employee limb amputation in factory]

2012 – R (HSE) v Dale (Winchester CC)  [prosecuting rogue gas fitter for multiple breaches of Gas Safety Installation Regs and fraud on elderly consumers]

2012 – R (IoW Council) v Giles (Newport CC) [prosecuting builder for aggressive commercial practices towards elderly consumers under CPUTR 2008]

2012 – R (HSE) v Roberts and Prowse (Swindon) Ltd (Swindon Mags) [defending employer on HSWA 1974 charges arising out of fall from height on Council premises]

2012 – WC v Gulliford (Chippenham Mags) [prosecuting employers on HSWA 1974 charges arising out of explosion of commercial oven at outdoor festival]

2012 – SCC v Baba Corporation Ltd and others (Southampton Mags) [prosecuting breaches of enforcement notice under TCPA 1990 in relation to operation of factory]

2012 – Warwick-Huckvale v WC (Swindon CC) [resisting appeal against conviction by farmer and owner of `animal sanctuary` for multiple animal welfare offences]

2011 – Mears v R (Dorset CC) (Court of Appeal) [resisting appeals against conviction by operators of `Lapland New Forest` for misleading advertising]

2011 – R v Fulke-Greville (Guildford CC) [prosecuting misleading advertising and other offences in relation to race car engines] 

2011 – R (WC) v Nettles (Salisbury CC) [prosecuting unauthorised works to listed building]

2011 – Beale v R (WC) (Salisbury CC) [resisting appeal by farmer against conviction for multiple animal welfare breaches].


General Crime:

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

Examples of recent general criminal cases instructed as trial counsel:

2013 – R v G (Bournemouth CC) [Armed robberies];

2013 – R v Baird and others (Bournemouth CC) [Multi-million pound mortgage fraud];

2012 – R v Elamin (Dorchester CC) [Rape and false imprisonment of former partner and another drug dealer]

2012 – R v Wills (Bournemouth CC) [Criminal damage at sea to Trimaran using a jet-ski]

2011 – R v Morana (Winchester CC) [Sicilian godfather involved in multi-million pound money laundering and class A drug supply]

2010 – R v Nwosu (Bournemouth CC) [Rape of alleged teenage `prostitute`]  


VAT Number: 382698893

Malcolm  Gibney

Notable Cases