Alex Stein

Year of Call: 1998  


Overview


Alex Stein has a nationwide practice focused on regulatory law and is on the list of Specialist Regulatory Advocates in Health and Safety and Environmental Law.

He regularly prosecutes work related deaths cases on behalf of the HSE and Local Authorities. He prosecutes on behalf of the Pensions Regulator and has extensive experience of Pensions and Trading Standards Law.

Alex defends health and safety, environmental and food safety cases on behalf of individuals and corporates and his expertise in the proceeds of crime is often sought in these cases.

He is instructed in many insurance funded death and serious injury by driving cases. He is on the approved panel for all the major insurers.

Alex has substantial experience in proceeds of crime. In R v Pace [2014] 1 Cr.App.R 34 he successfully represented the appellant in the landmark ruling on the appropriate mens rea for an attempt of a s327 POC 2002 offence.

He attends inquests on behalf of the HSE and corporates in work related deaths and on behalf of insurers in fatal driving cases. Throughout 2014 and 2015 he was the sole advocate instructed on behalf of the South Yorkshire Fire and Rescue Service at the Hillsborough Inquests

Fraud


Alex undertakes heavy fraud, money laundering, proceeds of crime and corruption cases as both junior and leading junior counsel. He prosecutes on behalf of the Pensions Regulator and has a good understanding of pensions law. He has also been instructed to defend in several Serious Fraud Office prosecutions. He is often instructed pre-charge to advise in relation to liability under regulatory law.

Alex is instructed in a number of cases involving internet fraud, hacking and illegal file sharing. He has a good understanding of information technology and internet crime. He represented the owner and operator of the oink.cd website in the first criminal trial emanating from a bittorrent website in the UK. The case at Teesside Crown Court attracted considerable press attention when the defendant was unanimously acquitted.

Alex has an excellent understanding of the Proceeds of Crime Act and related forfeiture proceedings

CASES

TPR v Dominic Chappell [2018]- Well publicized prosecution on behalf of the Pensions Regulator arising from events following the collapse of British Home Stores.

Operation Angle [2017]- 5 month education fraud trial prosecuted by the Serious Fraud Office with over 250,000 pages of used evidence.

TPR v McClarry [2017]- Prosecution of an individual for failing to comply with a section 72 Pensions Act 2004 notice.

TPR v Ashley Wilson LLP [2016-2017]- First prosecution brought by the Pensions Regulator in relation to a failure to respond to section 72 Pensions Act 2004 notices.

R v Pace [2014] 1 Cr.App.R 34- The leading case in relation to the required mens rea in criminal attempts. Alex successfully appealed a conviction for an attempted offence under section 327 of the Proceeds of Crime Act 2002. At paragraph 37 Davis LJ describes his submissions as ‘excellent and carefully considered’.

Crime


Alex has extensive experience in death by driving cases having been instructed by insurers in over 30 such cases in the last 3 years. He is also regularly instructed in driving cases involving serious injury with underlying civil litigation. He is on the approved panel for all the major insurers.

Alex also accepts private instructions in all forms of motoring offences either directly or by referral.

 

CASES

R v Corley [2018]- Serious injury by dangerous driving- Lorry driver prosecuted after causing tetraplegic injury to a mother of 2 young children.

R v Mason[2018]- Causing death by dangerous driving- Lorry driver prosecuted following the fatal crushing of a pedestrian in Bourne End. Case involved detailed analysis of body worn cctv.

R v Boak [2017]- Serious injury by dangerous driving with a tetraplegic injured party. Acquitted

R v Hunter [2017]- Causing death by dangerous driving. Lorry driver prosecuted after colliding with stationary traffic on the A34 killing a 3 year old and an in utero sibling.

R v Paddington-Wheatcroft [2017]- Causing death by dangerous driving. Company Director prosecuted after overtaking in fog and colliding with an oncoming moped ridden by 19 year old.

R v Dunn [2017]- Causing death by careless driving. 21 year old prosecuted following a fatal collision with a pedestrian in low winter sun. Acquitted.

R v Hall [2017]- Causing serious injury by dangerous driving. Prosecution of a van driver who fell asleep causing catastrophic injury to both passengers. Community penalty.

R v Davidson [2017]- Causing death by serious injury whilst over the prescribed limit for drugs. Case involving the now discredited Randox Testing Laboratory.

R v Cook [2016]- Causing death by careless driving- sensitive case involving the tragic death of a 17 year old exchange student. Acquitted

R v Knight [2016]- Causing death by careless driving- Lorry driver prosecuted after crushing a pedestrian in the city of London. Acquitted- over £50,000 wasted costs ordered against the CPS

Regulatory


Alex undertakes a wide range of Regulatory Work. He is often instructed in Fire Safety, Food Safety, Environment Agency and CQC cases.

He is available for pre-charge advice and often accepts instructions on a direct basis for such work

 

CASES

EA v BKP Waste & Recycling Limited- Company prosecuted by the Environment Agency following a large oil spill in Christchurch. BKP were prosecuted for a breach of the Environmental Permitting (England and Wales) Regulations 2010. Limited fine of £10,200.

Surrey CC v Zudong [2017]- Pre-charge advice to SCC in relation to the Fire Safety Order before the prosecution of the owner of an illegal tenancy with inadequate fire safety provision.

Nottingham County Council v Andrew Smith [2017]- Defence of individual prosecuted for fraudulent trading in selling mislabelled bacon and sausages as free range. Suspended sentence.

R v Russell Hewitt [2015-2017]- Representing a director of a care home company prosecuted by the CPS for major failings in the care including false imprisonment and offences contrary to s127 of the Mental Health Act 1983. Following a successful severance application RH was acquitted.

Central Bedfordshire Council v BAPM Foods Limited [2016]- Defence of a Polish Supermarket chain for breaches of the Food Safety and Hygiene Regulations 2013 following an EHO inspection revealed out of date products on site. The company was acquitted of Food safety breaches and received nominal a nominal fine in relation to a separate HSE breach.

Health & Safety


Alex has a nationwide Health and Safety practice. He has been on the list of approved advocates to prosecute for the Health and Safety Executive and the Environment Agency since 2012. He regularly prosecutes work related death cases for both the HSE and for Local Authorities and defends such cases on behalf of individuals and corporates with insurer funding. He often provides pre-charge advice either before or after inquest.

Through his work in road traffic prosecutions Alex has an excellent understanding of collision investigator expert evidence and is often instructed in cases of a similar nature involving regulatory rather than Police enforcement.

He lectures on Health and Safety Law, Environmental and Coronial Law. He has recently given a series of seminars on Environmental Penalties and Sanctions and provides updates on the same.

Alex sits on the committee of the Health and Safety Lawyers Association

 

CASES

Swindon BC v Chavda [2017]- defence of a company director prosecuted as an individual alongside the company for breach of health and safety at a food distribution warehouse. The defendant also faced a charge of perverting the course of justice in relation to the warehouse cctv. Acquitted of perverting. Conditional Discharge in relation to HSE breaches.

HSE v Explore Manufacturing Limited [2017]- Prosecution of 2 Lang O’Rourke subsidiaries following the fatal crushing of an operative when a pre-fabricated wall fell and knocked him from a MEWP. Fines in excess of £2m.

HSE v JCB & DHL [2017]- Prosecution of 2 very large organisations following a serious injury crushing of a DHL operative against stillages at the JCB manufacturing site. Fines in excess of £1m.

HSE v Vaculug [2017]- Prosecution of a tyre re-processor following fatal crushing of a fork lift truck operator in an overturn. Case involved expert collision investigator evidence.

HSE v TBC [2017]- Pre-charge advice in relation to a potential prosecution of a Local Authority following a fatal collision between a pedestrian and a reversing rubbish truck.

Central Bedfordshire BC v F R Cawley Limited [2016]- Defence of a Corporate Waste Processor following a serious injury at the reprocessing plant. Case complicated by a post-dated fatality involving the operator of a rubbish truck which is currently the focus of a corporate manslaughter investigation.

Chesterfield BC v St Helens PH [2016]- Prosecution of a public house and licence holder on behalf of a local authority following a fatal fall

 

Coroners Inquests


Alex is regularly instructed from an early pre-inquest stage on behalf of insurers in motoring cases and both individuals and employers in health and safety related cases. His understanding of the criminal pro-cess ensures that correct tactical decisions are taken at the inquest stage.

In June 2012 Alex was appointed to the list of Specialist Regulatory Advocates in Health and Safety and Environmental Law. He regularly prosecutes fatal cases on behalf of the HSE. He also undertakes a large number of insurer funded death by driving cases.

He is fully familiar with the Coroner reforms and the 2013 rules. He regularly lectures on Coronial and Health and Safety Law

 

CASES

Re- Peter Kerrin [2017]- instructed on behalf of a driver by his insurers following a fatal RTA involving a motorcyclist. The driver was emerging from an unmarked and unsigned road entrance and the case involved expert evidence in relation to road design.

Re- Peter Coleman [2017]- instructed on behalf of the corporate employer following the fatal crushing of a lorry operative in Luton. The Corporate is the subject of an ongoing Manslaughter investigation by the Local Authority.

Re-Mitchell Price [2016]- instructed on behalf of a fairground employer following the fatal crushing of an 18 year old employee beneath an articulated truck. HSE indicated that no further action would be taken against the individual following the inquest.

Re-Rebecca Long [2016]- instructed on behalf of a driver by the insurer following a late night collision with a pedestrian student in Cambridge.

Re-Graham Wood [2015]- instructed by the HSE following a fatality at an MOD facility. The HSE issued a Crown Censure following the inquest.

Re- Philip Hunter [2015]- instructed on behalf of a farmer following a fatal fall from height by an employee. Following the inquest the HSE indicated that no prosecution would be taken forward.

Hillsborough Inquests- Alex was the sole advocate instructed on behalf of the South Yorkshire Fire and Rescue Service throughout the 2014-2016 inquest. The FS required specific advice and representation in relation to the role of SYFRS in approving the stadium safety in the years preceding the disaster

 

Directory Quotes


“A force to be reckoned with who displays excellent attention to detail” Tier 1 Regulatory Law Legal 500

“Specialist in Criminal Fraud and Financial Cases” Tier 1 Crime Legal 500

“Recommended for inquest and regulatory work” Legal 500

“He is quite simply a wonder to behold, with a fantastic feel for contested litigation” Legal 500

“A specialist in defending serious financial crime, fraud and corruption” Legal 500

“Will tenaciously fight his defendant’s corner” Legal 500

“Alexander Stein specialises in financial and regulatory crime” Legal 500

“Very hardworking and efficient, recommended for regulatory crime” Legal 500

“Successfully represented the owner of the Oink music website in the first UK illegal music download prosecution” Legal 500

Memberships


Fraud Lawyers Association

Criminal Bar Association

Health an Safety Lawyers Association