50 Years of the Health and Safety at Work Act: A legacy of ...
The Health and Safety at Work Act 1974 (HSWA) celebrates its 50th anniversary this year, standing as a ...
Corporate/Regulatory investigations take up time, money, and resources that need to be directed towards business growth.
With over 20 years’ experience as a Regulatory Investigation Barrister, I can strategically manage a regulatory investigation, making quick decisions and taking every step possible to avoid you or your organisation facing prosecution.
Contact me about your caseMy advice is always risk-based and focused on commercial reality. You can trust that I will protect your business reputation and act firmly, aiming to resolve matters as swiftly and cost-effectively as possible.
Book a discovery meeting with me now.
The quicker you deal with a regulatory investigation the greater your chances of getting the matter sorted out quickly and quietly. Do not wait a moment to contact me. My priority will be to develop an understanding of your business and the market culture in which it operates. You can be confident that I will always be one step ahead of investigators and whilst working to avoid prosecution, if it proves inevitable, you can trust I will be prepared for it.
Most business owners have never dealt with corporate investigators before. This can result in you giving too much information, or at the other extreme, acting uncooperatively. Both paths can lead to bad publicity, long, intrusive investigations, and ultimately, prosecution. By instructing me you can trust you have someone on your side who has researched your business, understands your industry sector, and has an in-depth knowledge of the corporate/regulatory investigation process and can manage it to your advantage.
Contact me immediately if you are being investigated by the following bodies:
If an authority suspect you or your business has broken the law or breached regulations, they can turn up unannounced and search your workplace. The aim of a dawn raid is to seize documents and other evidence to use in a legal or regulatory investigation. Investigators must have a valid warrant from the High Court to conduct a dawn raid.
Should investigators turn up unannounced at your premises, contact me immediately. Take the investigators into a meeting room and if possible, wait for me to arrive. However, do not impede access to files etc, and always be polite and co-operative. Once I arrive, I will check the warrant and take charge of the situation, taking notes and making sure investigators act within their powers.
If evidence (either oral or written) is privileged, it can be withheld from an investigator, enforcement officer, or the Court. Privilege is an absolute right – neither a regulator or the Court have the discretion to demand the privileged evidence be produced.
There are two types of LPP, legal advice privilege (LAP) and litigation privilege (LP).
The purpose of LAP is to allow a client to place unrestricted confidence in their legal advisor.
For LAP to apply, the communication must be:
a) Confidential between the legal advisor and their client, and
b) Has come into existence for the purpose of the giving or receiving legal advice.
Many business owners and/or compliance officers are confused about what is LPP
information and what is not. I will protect your interests by identifying LPP documents and ensuring they are not disclosed to the investigator.
It depends on what the investigators discover and whether they can collate enough evidence to prosecute you or your organisation. My goal is to do everything possible to avoid prosecution; however, if a trial proves inevitable, you can trust that I will have prepared an extensive strategy and will provide you with the best strategic advice possible to minimise the penalty you receive and protect your commercial reputation.
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