Phil is a Chartered Waste Manager with over 23 years' experience in the environment sector, including 19 years in waste management regulation, policy and technical consultancy. Having been a consultant for 13 years, Phil leads on waste treatment technologies, technical, market, commercial and regulatory due diligence, and waste sector expert witness services, with a team of senior specialists.
Phil’s background is in waste regulation with over 8 years’ experience with the Environment Agency in waste policy, operations, investigations and enforcement. As a regulator, Phil developed an in-depth working knowledge of waste legislation and guidance, including as a lead officer in a complex 2-year investigation into a nationally significant incident, permit breaches, and illegal operations at a hazardous waste treatment facility, resulting in a successful joint prosecution with the Health and Safety Executive. Phil also received formal cross examination and PACE training.
EXPERT WITNESS EXPERIENCE
Phil has been an expert witness since 2011, applying his regulatory experience as an expert in commercial and criminal defence proceedings, where his clear and pragmatic interpretation of legislation and guidance has supported a number of successful outcomes. This includes:
• Longstanding advice in commercial disputes and insurance claims relating to mechanical biological treatment (MBT) and advanced thermal treatment (gasification) facilities that have not performed as expected, including extensive adjudication experience.
• Expert witness in numerous criminal defence cases concerning e.g. breaches of permit conditions, Environmental Protection Act (EPA) 1990, the Waste Duty of Care, Waste Shipments Regulation (Transfrontier Shipment of Waste Regulations), the packaging waste regulations, various Environmental Permitting Regulations, and in POCA cases and sentencing hearings.
Since 2014, Phil has acted in a number of criminal defence cases covering Environment Agency prosecutions for a range of issues. Several cases have involved analysis of prosecution evidence in relation to quantifying and sampling waste, including whether the regulator followed its own guidance. Examples include:
• Expert witness in a case involving an alleged major packaging recovery note (PRN) fraud. At trial the Judge requested the prosecution withdraw its charges due to disclosure issues, supported by Phil’s assessment of extensive documentation relating to the case and gaps in the record.
• Expert witness in relation to an Environment Agency prosecution of a wastebroker alleged to have exported glass waste that was too contaminated to be classified as green listwaste; the prosecution dropped the case in light of Phil’s expert report.
WASTE TECHNICAL EXPERIENCE
Phil leads a team of senior experts with extensive, in breadth and depth, technical, commercial, operational, market and regulatory insight in the waste sector and waste treatment technologies and infrastructure. Phil leads expert opinion, due diligence and project supervision on waste recycling and treatment technologies, including: energy from waste (EfW), combustion (incineration), anaerobic digestion (AD), advanced conversion technologies (ACT) including gasification, pyrolysis and waste to liquid bio-fuels, MBT, composting including in-vessel composting (IVC), materials recovery facilities (MRF) and refuse derived fuel (RDF) and solid recovered fuel (SRF) production facilities and export.
Phil has niche expertise in end of waste and the definition of waste. From 2007-2011 he was seconded lead technical advisor to the Environment Agency’s end of waste Quality Protocols Programme and Phil has supported industry to successfully achieve end of waste for recovered materials.
• Defence expert witness in Environment Agency prosecutions
• Expert opinion in commercial disputes, claims and adjudications
• Regulatory compliance assessment, due diligence and permitting
• Biological treatment (MBT, AD, composting)performance expert; approved consultant to the Composting Association (now Renewable Energy Association Organics Recycling Group) in 2007
• Thermal treatment (EfW and ACT)technology performance
• Technical, market and commercial due diligence
• Definition of waste and end of waste Quality Protocols
• Waste infrastructure procurement technical advice and evaluation
Phil is diligent, methodical and has excellent written and verbal communication skills. He has been commended by Counsel on the high quality of his written reports and conveys complex technical and regulatory information in Plain English. He is experienced in providing expert opinion in dispute and adjudication processes.
Phil’s expert advice is founded on broad knowledge in waste regulation, markets, site operations, technology performance and technical and commercial risk, including from experience in infrastructure procurement. Phil has provided expert opinion in a large number of complex and broad ranging cases.