David Hercock
Year of Call: 2001
Profile:
Prior to being called to the Bar, David was an FA Premier League Professional Football Player with Sheffield Wednesday Football Club. He joined Chambers in 2004 from Masons Solicitors (now Pinsent Masons) where he was in-house Counsel. He specialises in regulatory and disciplinary law and has been appointed to the Attorney General's Panel of Prosecution Advocates. David is also a contributing author to Judicial Review: Law and Practice (Jordans). He has considerable experience in all areas of regulatory and disciplinary law including regulatory prosecutions, enforcement proceedings, judicial review claims and case stated appeals, licensing hearings and appeals, inquests and public inquiries, statutory appeals, disciplinary proceedings and adjudication proceedings before specialist bodies and tribunals.
David has a varied practice covering all areas of regulatory and disciplinary law with particular expertise in the areas of licensing, professional discipline, health and safety, environmental, consumer protection and trading standards. His licensing work covers the full range of licensing codes from alcohol and entertainment to gambling. He also has significant experience representing both the professional person and the governing body in disciplinary proceedings and has experience across a number of professions including solicitors, medical practitioners and accountants.
David has appeared in all courts up to the level of the Court of Appeal and has represented clients before numerous different specialist tribunals and bodies including the European Commission in Brussels (in proceedings against OFCOM).
Significant Cases:
The following provides an indication as to the type of work undertaken by David.
Involved in licensing proceedings relating to the licensing of an open-air music and entertainment festival in Settle, North Yorkshire (for an audience of 28,000).
Appeared in licensing appeal proceedings concerning the licensing of an outdoor music concert and festival in the Lancashire countryside.
Represented Liverpool City Council defending a judicial review claim which considered the interrelationship of the 2003 Act with other licensing codes; specifically the street trading provisions of the Local Government (Miscellaneous Provisions) Act 1982 (R (on the application of Kelly) v Liverpool City Council (2008)).
Appeared in the leading case on disability equality duties and licensing. The proceedings also considered vehicle specification policies for the licensing of taxis and the free movement of goods within the European Union (R (on the application of Lunt & Allied Vehicles Ltd) v Liverpool City Council [2009] EWHC 2356 (Admin)).
Acted on behalf of a construction company advising as to the implications of the Gambling Act 2005 in respect of prize draw competition where the prize was a newly built house.
Advised a company as to the licensing status of an internet betting site involving forecast competitions in respect of sporting events.
Represented a waste management company in a public inquiry before the Office of the Traffic Commissioner relating to the licensing of its heavy goods vehicles. Revocation was in issue following convictions under environmental waste legislation.
Acted on behalf of a road haulage company in a public inquiry before the Office of the Traffic Commissioner following an investigation by VOSA in respect of alleged unlawful operating.
Recently acted on behalf of the Solicitor Regulation Authority advising on the disclosure of documents relating to childcare proceedings for use in a disciplinary investigation.
Appeared on behalf of a chartered accountant in disciplinary proceedings before the ACCA regarding allegations of professional misconduct and breaches of confidentiality.
Recently appeared on behalf of a General Practitioner in respect of serious misconduct and dishonesty allegations before the General Medical Council's fitness to practise panel.
Represented the owner of a mental health hospital being prosecuted by the Care Quality Commission in respect of 63 charges alleging breaches of care standards.
Recently acted in judicial review proceedings on behalf of a NHS Trust which involved issues as to delay in receiving treatment, the funding of treatment and the prioritisation of resources for treatment.
Currently acting on behalf of a demolition company being prosecuted by the HSE following a fatality. The case considers duties under CDM 2004.
Presently acting in Northern Ireland defending proceedings brought by the HSE (Northern Ireland) on behalf of a crane hire and maintenance business following the collapse of a tower crane at a construction site.
Represented a leisure and fitness company who was prosecuted by the HSE following a chlorine gas release incident at one of its facilities.
Appeared on behalf of the prosecution in criminal proceedings which followed an incident at a defendant's warehouse premises in which an employee was crushed and left paralysed.
Whilst working as in-house Counsel, advised National Grid Gas as to its liability to remediate contaminated land following statutory transfers of liability (now culminated in R (on application of National Grid Gas) v Environment Agency [2007] UKHL 30).
Represented a City Council in an appeal against an abatement notice served in respect of noise nuisance emanating from a company's industrial premises, which was located next to a residential development.
Acted on behalf of a Borough Council in an appeal against an abatement notice served in respect of odour nuisance emanating from a company's industrial premises, which was located within a village location.
Represented a company who operated an egg processing facility defending criminal proceedings brought by the Environment Agency relating to wastes arising from its operations located at a farm in the North Yorkshire countryside.
Defended criminal proceedings brought by the Environment Agency on behalf of an earthmoving company relating to the pollution of watercourses arising from activities on a construction site.
Acted on behalf of a company in proceedings for an enforcement order which were brought under the Enterprise Act 2002 relating to allegations of counterfeit sporting memorabilia.
Represented a motorcycle wholesaler in respect of a prosecution and high value confiscation proceedings relating to the importation of counterfeit motorcycles from China.
Prosecuted criminal proceedings on behalf of a City Council under the Trade Mark Act 1994 and related confiscation proceedings in respect of counterfeit clothing (Court of Appeal proceedings at R (Birmingham City Council v Ram [2007] EWCA Crim 3084).
Recommendations
Chambers UK 2010
David Hercock "knows his cases inside out" and is a leading regulatory expert, particularly in the area of consumer and trading law.
Chambers UK 2009
Practice comprises regulatory, health and safety, environmental and licensing work.
Chambers UK 2008
David has been described as "authoritative yet approachable" and garnered praise for his "excellent knowledge of regulatory law". "Sources applaud his clear, considered advice as well as his extraordinary attention to detail".
Legal 500 2009:
"has a wide regulatory practice and is an expert in licensing"
Legal 500 2008
"health and safety defence instructions have included fatalities, explosions and chemical exposure"
Legal 500 2007
He is recommended for regulatory work including health and safety, food safety and environmental law.
Legal 500 2006
David is recommended for health and safety and regulatory law.
Chambers & Partners 2006
He was described as "respected" in relation to health and safety prosecutions.
Publications
Judicial Review: Law and Practice (Jordans, 2010).
Membership
North Eastern Circuit
Career & Education:
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University: |
Nottingham Law School, Nottingham Trent University |
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Degree:
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LL.B (Hons) Law, Upper Second Class (2.1) |
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Acknowledgments: |
Basil Nield Award (Inner Temple) |
