Paul Loughlin

Biography

Paul is a Partner at Stephensons.

Paul began his legal career in 2007 and qualified as a solicitor in 2009. Paul’s specialism covers a wide area of criminal and regulatory prosecutions or enforcement actions brought by a variety of enforcement agencies including the Police and Crown Prosecution Service, Customs and Excise, HMRC, Health and Safety Executive, Environment Agency, Food Standards Agency, Financial Conduct Authority, Trading Standards, The Office of the Traffic Commissioner and the DVSA.

Motoring offences and road transport regulation

Alongside a workload of defending actions brought by a range of professional regulators Paul has a particularly niche specialism in criminal motoring offences alongside transport regulation and operator licensing. He is supervised by Sean Joyce.

Motoring offences

Since 2007 Paul has developed a specialism in defending motoring offences of all types in both the Magistrates’ Court and the Crown Court.

Paul has worked in the niche area of motor defence since the start of his legal career and has a thorough understanding of technical defences involved with offences such as drink driving, drug driving and failing to provide a specimen. With a keen belief in ensuring the client’s best interests remain at the forefront of any legal matter, Paul’s experience in the industry means he knows and understands the importance of ensuring that the client is taken down the right avenue to suit both their objectives and the merits of their case. That may be by utilising his technical knowledge to advance a viable defence or by identifying key areas to assist with getting the best result for the client by advancing an effective approach to guilty plea representation.

Paul manages the motoring team at Stephensons and his expertise means he is often called upon to provide comment or articles in specialist and national press as well as appearing on national radio.

Road transport

Paul also leads a road transport team with an excellent reputation for representing commercial transport operators (HGV and PCV) at public inquiry before traffic commissioners on all regulatory issues such as repute, financial standing and maintenance.

Paul provides effective and straight forward advice and representation for drivers and transport managers on an individual basis. As well as representing clients at Public Inquiry stage, Paul has advised and represented clients in appeals brought before the Upper Tribunal.

General regulatory compliance and enforcement for businesses and individuals

Environmental law

Paul represents a wide range of businesses and individuals prosecuted by the Environment Agency for a range of environmental offences. Paul deals with different varieties and stages of case including:

• Initial investigations by the EA or a local authority, including advice and representation at interviews under caution (known as PACE interviews)
• Criminal investigations and prosecutions, including representation at court
• Ancillary orders to prosecution, including disqualification of a director and confiscation of assets under the Proceeds of Crime Act 2002
• Civil sanctions, including fixed and variable monetary penalties; compliance notices; restoration notices; and stop notices
• Appeals to the First-tier Tribunal (General Regulatory Chamber) against civil enforcement sanctions

Health and safety investigations

Paul advises on all aspects of health and safety law, ranging from representation at Interview under Caution and early stages of investigations up to defending businesses at trial.

Paul’s experience includes providing advice and assistance regarding the following:

• General regulatory compliance;
• Advising regarding requests for information from the HSE and local authority;
• Accident investigations (including fatalities) by the police, Health and Safety Executive, local authorities and fire authorities;
• Enforcement, improvement and prohibition notices;
• Appeals against improvement and enforcement notices;
• Representing companies and directors at PACE interviews;
• Advice and representation at all stages of Magistrates’ and Crown Court proceedings;
• Health and safety at construction sites including the CDM Regulations; and
• Advice/assistance with compliance and enforcement issues regarding coronavirus (Covid-19) regulations

Houses in multiple occupation

Paul advises and assists landlords, managers, and letting agents in relation to houses of multiple occupancy (HMO) matters including licensing applications, enforcement actions (including representation at interview under caution, civil penalty challenges, representing businesses and individuals who are prosecuted and acting in relation to rent repayment orders.

Food safety and hygiene

Paul represents clients facing investigation and enforcement action relating to food safety and food hygiene related matters to include:

• Interviews under caution;
• Hygiene improvement and prohibition notices;
• Food condemnation orders;
• Food hygiene rating appeals;
• HACCP
• Food labelling and packaging
• Advice regarding compliance and enforcement issues relating to coronavirus (Covid-19) regulations

Licensing - compliance and enforcement

Paul advises and assists businesses and individuals in relation to licensing, including:

• Alcohol and entertainment;
• betting and gaming licensing; and
• Firearms licensing.

Paul assists with licensing committee determinations, licence reviews, summary reviews, licence appeals, and defending enforcement action all the way up to prosecutions.

Seizures by Border Force and HMRC

Paul represents commercial clients, or individuals, who have items seized during the import or export process. Paul has successfully secured the restoration of goods and high value items including:

• High value consignments of fine wine;
• Shipping containers of commercial goods; and
• Vehicles

Paul is able to advise and find the best way to navigate through a process to give the best chance of securing restoration whether it be via condemnation proceedings, application for restoration and appealing decisions before the First Tier (Tax) Tribunal

Healthcare Regulation and Professional misconduct & regulation

Care Quality Commission

Paul has experience in guiding providers through the CQC regulations and providing effective advise on the rights to challenge any decisions made by the CQC about any element of the healthcare service that is under scrutiny by the regulator. Paul has provided effective advice and representation in cases where a provider’s registration is at risk of being withdrawn with the consequence being that the business would close. Paul can assist right up advising on appeals to the First-tier Tribunal (Care Standards Chamber). Specifically, Paul assists providers by:

• Preparing and drafting representations to the CQC in relation to factual inaccuracies; ratings; and inspection reports; and
• Preparing and submitting challenges to warning notices and decisions to cancel; suspend; or impose conditions on registration

Professional misconduct & regulation

Paul advises and represents professional clients facing regulatory action in a healthcare setting. He can provide clients with advice and representation at all stages starting from initial referral and investigation ranging right up to fitness to practise panel hearings and appeals before their respective regulators.

Financial Conduct Authority (FCA) investigations and enforcement

Paul advises and represents clients subject to regulation by the FCA to include:

• Advice on regulatory compliance;
• Assisting with applications for registration and authorisation;
• Advising clients under investigation, including assisting with disclosure of information, preparing written responses and attending meetings;
• Representation for clients being prosecuted