Compass Chambers

Gary J G Allan QC

GENERAL INFORMATION:

1976-1980: LLB. (Hons) Aberdeen
1980-1982: Legal Apprenticeship in a large commercial law firm
1982-1993: In practice as a litigation solicitor
1994: Called to the Scottish Bar
1994 to date: In full time practice at Scottish Bar
2001-2007: Advocate Depute ad hoc
2007 - Appointed Queen’s Counsel
2007 - Appointed Senior Advocate Depute

GENERAL:

Gary was appointed Senior Advocate Depute in 2007. He is accordingly unable to accept instructions to act for the defence in any criminal matter during the term of his appointment, but he is available in relation to all other areas of practice, and in particular the representation of parties before regulatory and disciplinary bodies.

In his role as Crown Counsel, as well as his general role in prosecuting the most serious and complex criminal cases, he continues to pursue his special interest in health and safety and environmental offences, together with other regulatory crime.

He has been the criminal devilmaster to no fewer than thirty two current members of the Faculty of Advocates, and continues to participate in the Faculty’s advocacy training courses.

PRACTICE:

Principal Areas of Practice:

• Health and Safety Crime
• Environmental Crime
• Regulatory Crime
• Commercial Fraud and Business Crime
• Proceeds of Crime and Asset Recovery
• Regulatory Crime
• Fatal Accident Inquiries
• Professional Disciplinary Proceedings

Health and Safety Crime:

Gary has extensive experience in the defence of allegations brought under the Health and Safety at Work etc Act 1974 and related statutory regulations.

He has represented statutory bodies, companies, company directors and other individuals in prosecutions which have covered all areas of work including construction, manufacturing, agriculture and fisheries, engineering, shipbuilding, transport, and environmental services.

He has regularly represented clients who have been charged with health and safety failures resulting in serious injury, and single and multiple fatalities. These have included an explosion in an adhesives factory with multi- faceted forensic science aspects, a fish farm drowning accident involving marine vessel regulations, and a trench failure involving construction industry regulations.

Commercial Fraud and Business Crime:

He has extensive experience of representing individuals alleged to have committed crimes in connection with the establishment and operation of commercial enterprises including regional assistance grants fraud, excise duty evasion, VAT fraud, mortgage fraud, identity fraud, insurance fraud, invoice factoring fraud, embezzlement and offences under the Companies Acts and insolvency legislation.

Proceeds of Crime and Asset Recovery:

He has considerable experience in the advising of parties subject to restraint orders and confiscation applications and in representing both accused persons and third parties in proceedings before the courts at restraint order stage and post conviction.

He has represented parties in a number of multi-million pound cases and has recently been instructed in several very substantial applications, including two with alleged international money laundering aspects and cross border issues involving sums in excess of £9 million and $20million.

Regulatory Crime:

He has the widest experience in defending regulatory crime including:

• Environmental crime including control of pollution, water industry, waste management, asbestos removal and disposal etc
• Offences under trading standards law, trades descriptions, trademarks and copyright, product safety, food safety, consumer credit and consumer protection.
• Road traffic offences in general, but in particular those affecting commercial drivers charged under section 1 of the Road Traffic Act 1988 with causing death by dangerous driving.
• Tachograph, drivers' hours and general safety offences involving the road haulage industry.
• Goods operator's licence offences (together with related representation before the Traffic Commissioner).

Fatal Accident Inquiries:

He has wide experience in representing the interests of a range of different types of clients in fatal accident inquiries. He has appeared on behalf of police and prison officers in cases involving deaths of prisoners in custody, and on behalf of employers in cases involving death at work. He has represented the families of the deceased on many occasions in many circumstances.

As a solicitor he was involved in the fatal accident inquiry into the Lockerbie air disaster as part of a team representing families of the victims.

Professional Disciplinary Proceedings:

Both as a solicitor and as counsel, he has acquired substantial experience in advising parties and representing their interests before discipline tribunals and hearings. In particular he has substantial experience of appearing before discipline hearings involving police and prison officers, and of appearing before discipline tribunals and hearings involving a range of professionals including nurses, pharmacists, accountants and actuaries. He has advised a substantial number of clinicians in relation to employment and conduct issues in the health service. He has engaged in mediation processes in relation to such matters.

He has been instructed in statutory appeals to the Inner House of the Court of Session including one relating to a finding by the General Medical Council of unfitness to practice.

He has acted as Legal Adviser to the Principal who was chairing a hearing of the Disciplinary Committee of the Senate of the University of Glasgow in relation to a racially motivated disciplinary offence by a student.

He has advised the General Teaching Council for Scotland.

He has prosecuted a disciplinary charge on behalf of the Farriers' Registration Council in a statutory discipline hearing comprising a judicial panel of seven members of the Farriers' Guild of Great Britain, which involved questions under the European Convention on Human Rights and debate on the application of Scottish rules of evidence to the first proceedings of its type heard in Scotland.

He has advised and represented players before the disciplinary committees of their sports associations.

As a former partner in a solicitors' private practice he has first hand experience of employers' duties and responsibilities.

As one of the current directors of a large sports club he has further personal experience of business management and of dealing with regulatory requirements and disciplinary matters involving staff and members.

REPRESENTATIVE CASES:

• 2000: PF v Hydro Seafoods UK Ltd - Fish Health Regulations- Fish Farm operations.
• 2001: HMA v Scottish Adhesives Ltd - Health and Safety - Explosion in adhesives factory (double fatality)
• 2002: PF v JJB Sports plc - Trades Description-Pricing.
• 2002: HMA v Valentine - Section 1 RTA (fatality)
• 2003: HMA v Kelly and another - Invoice Factoring Fraud - £6m - Leading for the Crown
• 2003: HMA v Jarrett - Section 1 RTA-Traffic/ Railway accident (fatality)
• 2003: HMA v Roulston - Section 1 RTA (fatality)
• 2004: HMA v Esposito - Excise duty evasion (substantial)
• 2004: PF v Pan Fish Ltd - Health and Safety - unsafe boat (fatality)
• 2005: Fatal Accident Inquiry: Lyndon Scaffolding plc - Construction industry accident
• 2005: HMA v Mason - Section 1 RTA (fatality)
• 2005: PF v Enviraz (Scotland) Ltd - Health and Safety - Hazardous asbestos removal
• 2006: Danesh v North Glasgow University NHS Trust - Race discrimination/employment dispute. Consultant Surgeon (BMA)
• 2006: HMA v Moore - Embezzlement, Company Act offences, bankruptcy
• 2006: Farriers' Registration Council v Brady Statutory Disciplinary Hearing - Statutory Discipline hearing re professional misconduct
• 2006: HMA v N Williams Haulage Ltd - Tachograph / driver's hours etc
• 2006: PF v Forbo Nairn Flooring Ltd - Health and Safety - unguarded machine (injury)
• 2006: HMA v Scottish Water - Environmental Protection- Control of pollution
• 2006: PF v Scottish Water - Environmental Protection- Control of Pollution
• 2006: PF v Digit Site Services Ltd - Environmental protection - waste management licence
• 2006: HMA v McAllisters - Confiscation proceedings (substantial)
• 2007: HMA v Nevin - Immigration Act- Gangmaster activity
• 2007: HMA v Nevin - Confiscation proceedings (substantial)
• 2007: HMA v WH Malcolm Ltd - Health and Safety - Construction industry (fatality)
• 2007: Institute of Chartered Accountants in Scotland v Nicolson - Discipline Tribunal - Accountant's breach of Audit Regulations - Improper certification of accounts - Failure to co-operate in investigation.

PROFESSIONAL MEMBERSHIPS:

• Health and Safety Law Association
• United Kingdom Environmental Law Association
• Association of Regulatory and Disciplinary Lawyers
• Faculty of Advocates Criminal Bar Association
• Faculty of Advocates Mediation and Dispute Resolution Group

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