Quentin assists Landlord in avoiding prosecution in unlawful eviction case.

Quentin was approached by Mr SM who was facing an investigation by Manchester City Council Trading standards in respect of a allegation of illegal eviction contrary to s1 of The Protection from Eviction Act 1977. Quentin was instructed directly by SM under the Direct Public Access Scheme.

When SM approached Quentin, he was represented by solicitors and was not happy about the way that his case was being handled. He was a professional individual and was worried that any conviction would jeopardise his career due to disciplinary proceedings being brought by his regulatory body. 

Upon instruction Quentin gained the file from SM’s previous solicitors and analysed the approach that had been taken to date. Quentin was of the view that SM should not have answered ‘no comment’ to questions in interview. An admission in interview, the face of overwhelming evidence, can enable the lawyer acting on a client’s behalf to engage the authorities in a dialogue towards an out of court disposal. Without this then such a disposal is often impossible.

As a result, Quentin engaged in negotiations with the Council with a view to whether such admissions could give rise to an out of Court disposal such as a caution. Following a long period of negotiations Quentin arranged for SM to provide an account to the Council of his actions. This was accompanied by a detailed letter of representations from Quentin stressing why the case did not meet the public interest test for prosecution and why an out of court disposal would be appropriate.

The reviewing lawyer at the Council considered Quentin’s representations and agreed. A simple local authority caution was given to SM which would not show up on a DBS check. SM was thrilled and thankful that his career was unlikely to be effected as a result of these matters.

Quentin Hunt is a Criminal Defence Barrister who has unrivalled experience in property crime. He operates from an award winning set of chambers based in London and accepts instructions nationally, both through solicitors or directly from members of the public. If you are facing an investigation or a prosecution in respect of any criminal matter then you can contact Quentin for a free, no obligation discussion about your case.