John Mitchell Consultant
“Leading Individual and Partner in the regulatory team which specialises in defending businesses against investigations and proceedings brought by national and local government departments and statutory authorities; and advising in all areas where criminal law is used to regulate business activity.”
John specialises in risk and compliance, advising businesses in those areas of commercial life where the criminal law or penal sanctions are used to regulate business.
Main areas of practice
Areas of business activity in which John principally advises and assists are environment, health and safety, competition, food, data protection, trading standards and consumer protection.
His work involves identifying clients' regulatory risks, proposing contractual or procedural solutions to achieve compliance and representing businesses which are under investigation or are subject to a regulatory process or prosecution. He also prosecutes and drafts legislation for a range of regulatory authorities.
Among his clients are several national, multiple outlet commercial organisations in the retail, manufacturing and leisure sectors.
Competition: focuses on contentious matters, in particular investigations by the OFT under the Competition Act and the Enterprise Act. He runs and trains the firm's Rapid Response team and is responsible for maintaining its know-how and resources.
Data protection: focuses on contentious matters. In particular, he assists businesses which have breached the Data Protection Act and advises on compliance with subject access requests, an area where his experience with IT based document management and litigation support systems is invaluable.
Environment: involved in all aspects of environmental law. He advises on compliance, provides specialist support during commercial transactions and represents businesses which are under investigation or are subject to a regulatory process or prosecution.
He prosecutes and drafts legislation for a range of regulatory authorities.
His practice also includes product stewardship projects, acting for landowners under the contaminated land regime, appeals against environmental penalties and sanctions such as abatement notices and acting for the holders of environmental permits in dispute with their regulator.
Trading law and consumer protection: represents consumer facing businesses which are under investigation or are subject to a regulatory process or prosecution. His work also involves risk and compliance: identifying the regulatory risks facing a business which supplies consumer products and proposing contractual or procedural solutions to achieve compliance. He also undertakes product stewardship projects.
Food & Drink: involved in all aspects of food and drink law. He advises on compliance, provides specialist support during commercial transactions and represents businesses which are under investigation or are subject to a regulatory process or prosecution. John's compliance work includes advising on labelling, health claims and advertising.
Health & Safety: involved in all aspects of health and safety law. John advises on compliance, provides specialist support during commercial transactions and represents businesses which are under investigation or are subject to a regulatory process or prosecution.
He is responsible for a team which defends investigations and prosecutions, challenges improvement and prohibition notices, advises on compliance, defends employer liability compensation claims and represents businesses at inquests.
Prosecutions: work for regulators includes conducting prosecutions and drafting legislation and statutory notices. As he does not prosecute for regulators against whom he defends, he feels no embarrassment about using tricks learnt as a poacher in his work as a gamekeeper. Among his clients are several marine regulators, for whom his experience as a sailor is invaluable.
Teaching and training: John is also a Teaching Fellow in the Law School at the University of Portsmouth, where units he is involved in include "Law in Practice" and "Criminal Law for Business.
IT: very experienced in the use of IT software and systems in the analysis of evidence, the management of litigation and the control of document collections.
Articles by John
John Mitchell will be speaking at the Sustainable Business Network on 17 November.
John Mitchell will be speaking a the South Coast branch of the Institution of Occupational Safety and Health. He will be talking about the annual health and safety legal update.
John Mitchell will be speaking at the Institution of Occupational Safety and Health's next event in November. He will be discussing the The Potential Legal Effect of Brexit on English Law.
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