“ …a very sound operator, especially on regulation”Chambers & Partners 2018
Tim Hayden is a partner and Solicitor Advocate in the Commercial and Private Client Litigation Team specialising in regulatory cases. His expertise includes the NFU dealing with a range of defence work within the agricultural industry. This is an industry which is heavily regulated but the cases that arise frequently in this sector are allegations that individuals or companies have breached Health & Safety legislation or cases relating to the protection of the environment. In addition he deals on a regular basis with cases relating to animal welfare, in cases involving the identification of and movement of livestock.
Away from rural issues, Tim deals on a regular basis with Health & Safety and environment cases across commercial sectors including representation at inquests in connection with fatal accidents. Tim has particular expertise in this area in relation to care homes.
Tim is the lead solicitor for the Countryside Alliance. He advises the Master of Foxhounds Association on hunting issues generally and represents Hunts all over the country when allegations are made against them of unlawful hunting.
Finally Tim has lengthy experience in dealing with road traffic cases. He sits as a Deputy Traffic Commissioner and as a Deputy Coroner.
Tim joined Clarke Willmott in 1979 and has been a partner in the firm since 1985. He is ranked in the Legal 500/Chambers as an expert in environmental law.
Tim represented members of the Heythrop Hunt in a high profile prosecution brought against them by the RSPCA. This is a case which has raised issues as to the ability of the RSPCA to prosecute impartially and to regulate the costs that they incurred in pursuing private prosecutions.
Tim has worked with the NFU in representing some 16 large dairy enterprises, all of whom were prosecuted by the Gangmaster Licensing Authority. This case raised issues of interpretation on the Gangmaster Licensing legislation and detailed scrutiny in the High Court of the Authority’s decision to prosecute these Defendants, all of whom were discharged by the Court.
Tim represented a West Country farmer prosecuted by the Health & Safety Executive some five years after a fatal accident in which an apprentice died near to his farm. This case raised issues as to what constituted reasonable steps to ensure the safety of non-employees particularly in connection with the use by the apprentice of a farm quad bike. The farmer was acquitted and granted costs.