Malcolm Gibney

Regulatory and Local Government


Malcolm is renowned for his expertise in Regulatory & Local Government work having specialised in this field for over 30 years, predominantly practising in the fields of Consumer Protection, Environmental, Health and Safety, Food Safety, Animal Health and Licensing Law.

As a result Malcolm has appeared at all levels of Court including various Divisions of the High Court, dealing with a wide range of high profile cases.

He prosecutes for a large number of Local Authorities and other Government bodies and defends 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.

Trading Standards

Malcolm has prosecuted individuals and companies in relation to the full spectrum of trading standards offences including, but not limited to, unfair consumer practices, mis-selling of products, trademark offences, counterfeit goods and related seizure, restraint and confiscation proceedings.

Cases have included, prosecuting a national retailer for fraudulent trading and unfair consumer practices, one of the first prosecutions against a company responsible for secondary ticketing for events, unauthorised possession and internet sales of trademarked mobile phone cases and related products, fraudulent mis-selling of Icynene Spray foam insulation to vulnerable elderly across South East England, prosecuting conspiracy to sell unauthorised trademarked vehicle registration plates, prosecuting importation of counterfeit camcorder accessories from China and their retailing on Amazon, seizure and destruction of imported cargo charged as psychoactive substances.

Food Safety

During the past 10 years Malcolm has dealt with a large number of food safety prosecutions, largely for hygiene offences but also the mis-selling and mis-description of food served to customers. This has included national retailers and restaurateurs and pub chains (including one well known restaurant chain for the sale of non-gluten free food to a customer with coeliac and heart disease), supermarkets and multiple outlet high street stores. Other cases include an application for Declaration under food hygiene regulations following service of Emergency Prohibition Notice in relation to sale of ‘near raw’ burgers, multiple food hygiene and food labelling offences in retail butchery and food hygiene offences following multi-victim salmonella outbreaks.

Health & Safety

Malcolm is frequently instructed in cases concerning breaches of health & safety and fire safety legislation concerning accidents at work and in public spaces. Recently this has included falls from height and catastrophic injury caused by gym equipment malfunctioning, death in care homes and incidents arising from product safety which have included product recall.

Licensing

Malcolm has represented various Police Forces, Local Authorities and individuals appearing before licensing sub-committees and appeals to the magistrates’ and crown courts in respect of taxi, alcohol and entertainment, gambling and also firearms licensing.

Environmental

Malcolm’s expertise in this field spans from prosecutions arising from disposal of waste to noise nuisance on an industrial scale, one of which went to appeal on the adverse impact of the nuisance on dwellings and the Local Development Plan.

Inquests

Malcolm has appeared in Inquests on behalf of Local Authories concerning incidents occurring in their respective jurisdiction including product safety and road traffic incidents, one of which concerning liability for the authority’s highways department.

Crime


In more general crime Malcolm is a specialist defence Counsel.

He has significant experience in defending cases that involve high value commerical fraud, money laundering, drug trafficking, sexual offences including historic sexual abuse claims and offences involving extreme violence.