Ian Lawrie QC

Call 1985
Silk 2011
Email ian.lawrie@3pb.co.uk
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Public Law & Regulatory

Ian Lawrie QC is a criminal and regulatory law specialist with an emphasis and focus on work connected with the marine sector: for example, collisions, pollution and fisheries work. He also leads the Regulatory Compliance Unit of our Public and Regulatory Group. For details of Ian's criminal practice please see his specialist profile.

Ian's marine experience and expertise covers all vessel types from Tugs to VLCC's and work includes the following areas:

• Advising Owners, Charterers and Deck Officers in respect of Marine Accident Investigation Branch investigations, this includes the declaration taking process part of the investigation, submission and review of Marine Accident Investigation Branch reports.
• Instructed on behalf of Masters, Charterers and Owners in respect of Marine Coastguard Agency investigations and prosecutions. This work covers pollution, breaches of the Merchant Shipping Act 1995 and attendant subsidiary regulations or when appropriate, health & safety legislation.
• Breaches of section 58 and 100 Merchant Shipping Act 1985
• Application and breaches of SOLAS and MARPOL.
• Piracy
• ISM Code application and compliance including advice on auditing and breaches.

Examples of recent marine related work include:

Port of London Authority v Captain King (2009)
Successfully defended master of aggregate carrier involved in collision with Battersea Bridge.

Peel Ports Ltd (Sheerness) v Captain Fincken (2010)
Prosecuted on behalf of Peel Ports (Sheerness) Ltd the Captain of Rainbow Warrior for breaches of section 15(3) Pilotage Act 1987 and section 21 Medway Ports Authority Act 1973.
Ian launched case stated appeal to the High Court against decision of Chatham MC to dismiss case without waiting for prosecution authority solicitor representative to attend court without having given previous notice of the hearing. The appeal was successful and the decision can be found at Medway Ports Authority (Port of Sheerness) v Captain Michael James Ian Fincken [2010] EWHC 2229 (Admin) (30 June 2010)

MCA  v Captain Jan Barsen & MFV ‘Andrea’.(2011)
Defended Dutch master of trawler which collided with German sail training ship in breach of Collision Regulations and section 58(2)(b) Merchant Shipping Act 1985.

Regina v Vroon Offshore Services Ltd & MV ‘Viking Islay’ (2009)
Defended Dutch company who were owners and operators of standby vessel when three crewmen lost heir lives through asphyxiation in chain locker. The defendant was prosecuted for breaches of regulation 4(2)(a) of the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997, regulation 6(1)(a) of the Merchant Shipping and Fishing Vessels (provision and Use of Work Equipment) Regulations 2006 and regulation 4 of the Merchant Shipping (International Safety Management (ISM) Code Regulations 1998. This was the first Crown Court prosecution of breaches of ISM code regulations.
The case raised the issue of the extent to which a court was entitled to take into account the findings of an MAIB report into the casualty as part of the sentence.

MAIB v Sea Truck Ferries & MV ‘Riverdance’ (2009)
Acted for Seatruck Ferries in MAIB investigation investigating the beaching of the RORO ferry MV ‘Riverdance’ on Blackpool beach following her being struck broadside by a wave and which caused the cargo to shift. Extensive advisory work done surrounding the relatively novel use by MAIB officers of tape recorders for taking declarations under rule 12 of the MAIB regulations.

MAIB v Aggregate Industries UK Ltd & MV ‘Yeoman Bontrup’ (2010)
Acted for Aggregate Industries UK Ltd in MAIB investigation into fire and extensive damage onboard (SUL) bulk carrier MV ‘Yeoman Bontrup’ whilst she was berthed at Glensanda Quarry terminal in Scotland.

Ian's other marine-related areas of practice include:

Pollution issues

• Advising on application for FEPA licence applications.
• Representing harbour/marina clients accused of breaching section 9 Food & Environmental Protection Act 1985.
• Representing clients accused of breaching provisions pursuant to Part VI Merchant Shipping Act 1995 in respect of oil pollution.
• Representing Harbour Authorities prosecuting breaches of Part VI of Merchant Shipping Act 1995.

Examples of recent pollution work:-

MNO v A&P Properties Ltd (2010)
Along with Christopher Parker QC defended company and three company employees for breaches of sections 5(a) and 9(1)(b), 9(2)(c) of the Food and Environment Protection Act 1985 and regulation 25(1)(a) of the Marine Works (Environmental Impact Assessment) Regulations 2007. The allegation being works conducted at Falmouth Harbour without permission.

MNO v Seasalter Shellfish (Whitstable) Ltd and John Bayes. (2010)
Defended company and director of shellfishery cultivation company accused of breach of section 5(a) and 9(1((a) Food & Environment Protection Act 1985. Company and director accused of depositing concrete ramp down beach in breach of section 5(a). Ian successfully argued that the concrete ramp was permitted as it was exempt material and therefore covered by the Deposit in the Sea (Exemptions) Order 1985.

MCA v ‘Pretty Time S.A & MV ‘Pretty Time’ (2011)
Defending company accused of depositing vegetable oil waste over the side of vessel and polluting nearby beaches. Trial due in December 2011.

Fisheries

• Offences under the Common Fisheries Policy and attendant domestic legislation, trawler operations, fish licensing and breaches of the Merchant Shipping Act 1995.
• Confiscation proceedings against fishermen under the Proceeds of Crime Act 2002.

Examples of recent work:

MNO v Foreland Fish [A Partnership] (2010)
Defended Fish selling partnership and partners in respect of breaches arising from failures to submit copies of sales and transportation notes pursuant to Common Fisheries Policy as enacted under article 3[1] Sea Fishing [Enforcement of Community Control measures] Order 2000. There were additional breaches pursuant section 4(6) Sea Fishing (Conservation) Act 1967.  Ian also conducted confiscation proceedings arising from these offences.

MFA v Ross and James Dougal & Dougal (Fish Merchants) Ltd (2009)
Successfully defended company and director in respect of allegation under the Fish Buyers and Sellers regulations.  Issue as to whether or not Scottish regulations were justiciable in England under EU CFP.

Eastern Sea Fisheries Joint Committee v William Searle & Kelvin Childs (2010)
Legal argument over issue of autrefois acquit in respect of allegations arising under article 19 of EC Council Regulation no.850 of 1998 as enacted and enforced via section 3(2) of Sea Fishing  (Enforcement of Community Conservation Measures) Order 2000.

Cornwall Sea Fisheries Committee v Mark Powell & Clinton Powell & MFV ‘Golden Fleece’ (2010)
Abuse of process argument in respect of summons brought in respect of alleged breaches of paragraph 4 of the Cornwall Fisheries District Methods of Fishing (Dredges) Bylaw 1996 and section 11(2) Sea Fisheries Regulation Act 1966 and article 3(1) of the Sea Fishing (Enforcement of Community Control Measures) Order 2000 and article 1 Commission Regulation 2807/83

Inquests

• Inquest for USA based oil exploration company. Issues concerning quality of care in respect of malarial risks on vessel in West African waters. Family of deceased seeking neglect verdict.
• Instructed to represent Oxford County Council in respect of fatal scalding of profoundly disabled young woman.

Examples of other regulatory work

London Borough of Hounslow v W Hanson (Riverdale) Ltd (2009)
Prosecution of company for health and safety breaches contrary to section 3(1) and 33(1) Health and Safety at Work Act 1974, section 17(1) &(3) The Workplace (Health, Safety and Welfare) Regulations and 33(c) Health and Safety at Work 1974.

Oxford County Council v Jill Crozier (2011)
Advising Oxford County Council on health and safety aspects of investigation into death of young lady whilst in the residential care of OCC.

Instructed by British Security Company, Aegis Defence Services Limited, to conduct inquiry into alleged 'trophy videos' created in Iraq by former company personnel and allegedly showing the shooting of Iraqi civilians. Drafted and submitted report to American Military Authorities and contents and conclusions in report accepted.  Contract with company retained and continued.

DEBR v Wills (2010)
Prosecution of bankrupt who breached section 11(1) Company Directors Disqualification Act 1986.

DEBR v Rosewarne & Bennett. (2010)
Prosecution of common law husband and wife for fraudulent trading under section 458 of the Companies Act 1985 and breach of sections 11(1) and 13 of the Company Directors Disqualification Act 1986.
The couple ran a company whilst the husband was bankrupt and subsequently caused losses to traders in excess of £250,000.

Appeal to Privy Council re Phillip McKenzie (2011)
Appeal heard in respect of the conviction of Philip McKenzie for murder in  2002. Awaiting judgment. Leading Adam Hiddleston of chambers

Ian is available to give advice at short notice 24 hrs a day, 7 days a week.

Cases of note:-

DEFRA v Joy & Bossom [2005] EuLR 765
Challenge to DEFRA in respect of variable monthly catch limits for under 10 metre fishing vessels.

HSE v MV 'Armana' Ltd 2005 1 Cr.App R (S)
Appeal on behalf of company fined for breach H&S breach. Fine reduced from £40,000 to £15,000.

MFA v Barnes (2008) 11th November EWC
Total costs and fines of £21,500 reduced to £40 on appeal. Issue raised as to the extent fines and costs should be imposed on top of significant confiscation order.

Medway Ports Authority (Port of Sheerness) v Captain Michael James Ian Fincken [2010] EWHC 2229 (Admin) (30 June 2010)
Mr. Justice Moses agreed with appellant’s submissions that Chatham Magistrates’ Court had acted unfairly in dismissing case when the court had not given the prosecutory authority proper or adequate notice of hearing.

Articles & presentations

Ian has written articles and given presentations on areas of regulatory law including:

• Ian was invited as a guest speaker, along with Professor Horder, to attend the Andrew Jackson Solicitor Annual Lecture held at the Hull University Law Faculty in February 2008. Ian addressed the audience on the impact of the Corporate Manslaughter and Corporate Homicide Act 2007 on the marine industry.
• Given presentation to Fishery Officers at Sea Fishery Committee Conference on court procedure and legislation.
• Given talk to Thomas Cooper Solicitors on the remit of the Corporate Manslaughter and Corporate Homicide Act 2007 and presented talk on similar topic to invited audience of solicitors as part of the 3PB Criminal Group Seminars for 2008.
• Gave one day presentation to Oxford Trading Standards in respect of evidence gathering during investigations and preparation of papers for trial.
• Ian had an article published in the industry periodical, The Fishing News on the MFA's use of POCA proceedings against fishermen.
• Instructed to submit general advice to the Admiralty Solicitors Group advising on issue of MAIB claim that they had the power to tape record statements/declarations pursuant to sections 267(8) and 259(2)(c)&(e) Merchant Shipping Act 1995.  The advice also reviewed the future potential impact of the relevant provisions set out in the, yet to be implemented, EU Directive 2009/18/EC. This directive sets out the harmonization of fundamental principles governing the investigation of accidents in the maritime transport sector within the European Union.