Philippa Dyer


Senior Associate

‘Matthew Gowen and Philippa Dyer are independently professional and very competent. When fused as a team they form a winning group. Nothing is too much trouble and they strive to provide the absolute best advice and guidance.‘

Legal 500 [UK 2021]

Experience

Philippa qualified in September 2009 and joined Birketts in 2011; she is experienced in Environmental law and represents both corporates and individuals.  

She has recently moved into the Planning and Environmental Team from Regulatory and Corporate Defence in order to focus on Environmental Law; she continues to advise and represent those who are investigated by the Environment Agency and local authorities for environmental offences. She can provide advice in relation to environmental issues to businesses and individuals across a range of industries such as agriculture and farming, manufacturing, chemicals, construction and education, including in relation to waste and waste disposal, trees (tree preservation orders and felling licences) and hedgerows and work being undertaken in SSSIs and conservation areas.

Philippa advises in relation to environmental permits, including representing companies and individuals investigated and prosecuted for breaches of permit conditions or operating without a permit (Environmental Permitting Regulations 2010). Philippa prosecutes and defends matters of alleged illegal disposal of waste (fly tipping) contrary to the Environmental Protection Act. As an experienced environmental Solicitor she also advises in relation to the legal provisions for works to listed buildings and specifically where consent has not been obtained (unauthorised listed building works); she has represented companies and individuals accused of unlawful works and advised on prosecutions in respect of the same. She is experienced in the law surrounding tree preservation orders and represented those investigated for suspected offences. 

Recent cases include:

  • Providing advice in relation to an EA investigation and prosecution following a water pollution incident.
  • Successfully persuading a local authority to withdraw the prosecution against her client for an offence of breach of a TPO; on review of the facts of the case she was able to convince the local authority to reduce their enforcement action to a caution with conditions of costs and replanting, a much more favourable outcome for both parties. 
  • Advising on a prosecution brought by the Environment Agency of five defendants under the Environmental Permitting Regulations 2010. This complicated matter has been subject to a High Court application by the co-defendants and is currently in the Crown Court for Confiscation Proceedings under the Proceeds of Crime Act. 
  • Advising a company in relation to enforcement undertakings and possible offers following the commission of an offence contrary to the Environmental Permitting Regulations (water discharge)
  • Advising a local authority in relation to potential offences committed by a property owner following works to a listed building without consent. 
  • Successfully persuading a local authority that they had insufficient evidence to investigate a suspected offence of fly tipping resulting in the investigation of two individuals not proceeding. 

Philippa prosecutes for local authorities and private companies in a range of offences, providing advice on prosecution all the way through to advocacy in the Magistrates’ Court. She has led several successful prosecutions on behalf of a national water company for offences under the Water Industry Act 1991.

Philippa is a Higher Court Advocate and is an experienced in representing corporates and individuals at both Magistrates’’ Court and Public Inquiry (transport). 

Other Information

Philippa is recommended and named as a 'Rising Star' by Legal 500 [UK 2021]. An earlier edition notes, Senior Associate Philippa is “competent, assured, well informed, realistic and open to dialogue” . In previous editions, clients note that she has “very in depth knowledge of industry issues". 

Philippa is also ranked by Chambers [UK 2019] and named as an 'Associate to watch'. Clients state that she is “brilliant: very responsive to our needs and has our best interests at heart”.

Legal 500 UK 2021 Rising Star     Legal 500 UK 2021 Recommended Lawyer          

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