Private Client – Regulatory Offences / Discipline

The Ewing Law team boasts considerable experience in advising and defending in a wide variety of Regulatory matters.

These have ranged from Health and Safety prosecutions to allegations of Food Standard Agency violations, and to matters brought before the General Medical Council, the Royal Pharmaceutical Society and the General Dental Council. 

In addition to regulatory prosecutions we have for many years represented professional sportsmen and sportswomen before the governing bodies of their chosen sport. This experience has in the main been before the Amateur Boxing Association, The British Boxing Board of Control and the Rugby Football Union and the United Kingdom Anti-Doping Panel, but has also included the Football Association.

Ewing Law has defended these matters at all levels, from the Magistrates Court through to the High Court and all the way to the Court of Appeal.

EXAMPLES OF THE CASES IN WHICH MEMBERS OF THE EWING LAW
TEAM HAVE TAKEN A LEAD ROLE INCLUDE

Amateur Boxing Association v J

Acted for the defendant before the Amateur Boxing Association following the suspension of the defendant’s licence to box. The suspension came after an arrest for an allegation of drug dealing, for which Scott Ewing and Tony Wyatt acted as solicitor and barrister respectively, securing an acquittal of the charges. The application for the return of the defendant’s licence was successful, allowing him to compete in the 2012 Olympics where he won a Gold Medal before embarking on a high-profile professional career.

Re: British Meat Producers Association

Instructed by the British Meat Producers Association to advise upon the legality or otherwise of the imposition of additional value charges by the Food Standards Agency, a complex enquiry involving consideration of the direct application of European legislation and its correct interpretation.

Health & Safety Executive v K.

Acted for the Defendant company accused of having breached its health and safety obligations as a result of the death of an employee who had fallen through the panelled roof of a warehouse whilst in the process of cleaning guttering. It was alleged that proper processes had not been put in place to prevent employee’s acted as the deceased had acted, whilst the Defendant company asserted that such processes were in place but had in fact been deliberately ignored/avoided by the deceased prior to his death.

Kings Lynn Crown Court

Food Standards Agency v P.F.

Represented P.F. in its appeal of the Food Standards Agency’s refusal to grant P.F. – a major livestock ‘production’ facility – full approval to trade following P.F.’s alleged failure to meet the FSA conditions of licence. Following the success of P.F.’s appeal against this decision, the Food Standards Agency opted to prosecute P.F. for a series of alleged breaches of food standards regulations. These allegations became the subject of successful negotiation whereby P.F. maintained its trading licence.

Colchester Magistrates Court

Food Standards Agency v F.

Acted alone on behalf of F. (a major poultry slaughterhouse) in resisting the decision of the Food Standards Agency to close its main plant following failure to achieve ‘full approval’ of its working practices. The outcome of the matter was of particular importance as success for F. would undermine the legality of the policies adopted by the Food Standards Agency. This matter was considered by the Administrative Court in 2011, at which time the approach of the Food Standards Agency to the grant of both conditional and full approval to trade was considered to be unlawful from the Agency’s inception, due to a misapplication of the legislation. ‘The Official Feed and Food Controls (England)(Amendment) Regulations 2011′ have been implemented as a result of this case.

Royal Courts of Justice (Queens Bench Division)

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