Helen Simm, criminal compliance and regulatory lawyer, discusses litigation privilege and legal advice privilege and where it can be applied.
Helen Simm, criminal compliance and regulatory lawyer, discusses legal professional privilege, concentrating on how this applies in practice and how it has been approached in some key cases in the Court of Appeal.
Helen also focuses on internal investigations and some practical measures that lawyers can take to ensure that the documents that they prepare are protected by privilege.
Watch our highlight video to hear Helen’s practical takeaways from the session.
You can also follow our LinkedIn showcase page where you’ll find lots of useful resources and information aimed at in house lawyers.
Helen advises corporate and individual clients within investigations and prosecutions by the major regulators including the Serious Fraud Office, Health and Safety Executive, Environment Agency and Financial Conduct Authority.
Helen.Simm@brownejacobson.com
+44 (0)330 045 2652
Logistics company Eddie Stobart has been fined £133,000, after a series of failures which took place whilst excavation work was carried out, exposing its staff to asbestos.
This article is the second in a series to help firms take a practical approach to complying with the ‘cross-cutting rules’ within the new ‘Consumer Duty’ (CD) framework. The article summarises what it seems the Financial Conduct Authority (FCA) is seeking to achieve from the applicable rules (section 2 below) and potential complications arising from legal considerations (section 3).
Two directors of a construction company were fined after failing to ensure the safe removal of asbestos from a plot of land. On 14 and 15 November 2021, Directors Anthony Sumner and Neil Brown, of Waterbarn Limited were involved in the uncontrolled removal of asbestos material from a plot of land in Grasscroft, Oldham.
An engineering company in Tyne and Wear was fined £20,000 after a worker fractured his pelvis and suffered internal injuries after falling through a petrol station forecourt canopy, whilst he was replacing the guttering.
The Digital Services Act (the “DSA”) has today (27 October) been given the go-ahead by the EU Council and will enter into force by early 2024.
NHS England has issued an updated (publication 11 October 2022) suite of Complex Change guidance about how it will assure and support proposals for complex change that are reportable to it. New and (where it is still in force) existing Complex Change guidance are as follows.
The Health and Safety Executive (HSE) have announced they will be carrying out a programme of inspections to primary and secondary school establishments from September 2022. The inspections will assess how schools are managing the risks from asbestos and meeting the Duty to Manage requirements, set out in Regulation 4 of the Control of Asbestos Regulations 2012.
This article is the first in a series aimed to help firms get to grips on a practical basis with the ‘cross-cutting rules’ within the new ‘Consumer Duty’ framework.
The Government has announced a change to the categorisation of “small” businesses to reduce the amount of regulatory compliance (or “red tape”) required. Currently, SMEs (those with fewer than 250 employees) are exempt from certain regulations – such as the obligation to comply with gender pay reporting. With effect from 3 October, these exemptions will be widened to apply to businesses with fewer than 500 employees.
The use of social media platforms and applications can have overwhelmingly positive benefits for public bodies. However, regulatory action recently taken by the Information Commissioner, has highlighted various pitfalls that public bodies should seek to avoid if allowing staff to use social media as a communication tool.
Whilst the weather conditions are predicted to be cooling down this week, the Health and Safety Executive (HSE) is asking employers and businesses to consider adapting to recurrent warmer weather conditions for the safety and benefit of their staff. It asks employers to ensure that extreme heat becomes a firm part of longer term risk management. Climate change in any event is something all businesses will need to consider as the warmer weather becomes more frequent - extreme heat is something that will impact employers on a day to day basis.
In this session, our speakers discussed the Fitness to Practise Regime and how we can help.
Recent reports of flat roofs constructed using RAAC planks collapsing without warning prompted the SCOSS alert.
The Building Safety Act 2022 received Royal Assent on 28 April 2022 (“Act”). The government has described the reforms introduced by the Act as “the biggest changes to building safety regulation in a generation”. For once the hype is justified.
The Federation of Small Businesses (FSB) has released a report setting out the impact of new and changing regulations arising from the pandemic on small businesses across the UK.
We have created a summary of the recommendations and consistent themes which we are now starting to see becoming more embedded in public sector procurement practices.
Public sector and private sector organisations, particularly those who meet the £36 million threshold, are encouraged to review their approach to combating modern slavery in their organisation and its supply chains before the Modern Slavery Bill becomes law.
In anticipation of the adoption of the Building Safety Bill, our specialist compliance and regulatory team will give an overview of the measures proposed in the Bill.
In this session, our speakers discussed recognising and managing conflict, the benefits of mediation and the practicalities, and the safety and learning perspective.
The new regime introduced by the Act will take shape over the next 18 months, but those who design, build or manage high rise buildings are being urged to get ready for the changes to be introduced through the act.
There are a number of factors which have contributed to the crisis including the huge increase in wholesale natural gas prices, which have risen some 250% since the start of 2021. Since the start of last year, over 30 energy firms have gone bust in the UK alone.
Financial crime is an increasing threat to all organisations. The modes of facilitating fraud have become easier. Being a victim of fraud as an organisation risks significant financial consequences, but also serious reputational harm and loss of stakeholder confidence.
In March the government proposed a number of changes to the Building Safety Bill. The new amendments propose additional protection for leaseholders to prevent them from being charged for cladding work if they own up to three properties.
The HSE has announced a campaign targeting health and safety in the construction industry in Birmingham. The Campaign is in response to a significant increase in development across the city, partly as a result of preparations for the 2022 Commonwealth Games.
Earlier this year, the government recommended that the Financial Conduct Authority (FCA) bring "competitiveness" back into its regulatory agenda. In a letter to the FCA, the government stated that it wanted the UK to be "globally competitive" while encouraging the FCA to "promote competition" in financial services.
The Government’s White Paper Joining up care for people, places and population is its second within (just) under a year about health and care integration following its first one Integration and Innovation: working together to improve health and social care for all.
Did the Government breach procurement rules when they appointed Public First for the provision of focus group & communication support services?
Watch our webinar on-demand. Issues discussed: summary of the COP26 outputs, predictions for further commitments at COP27, and more.
What does the HSE's decision to prioritise occupational health inspection & enforcement activities mean for higher education institutions?
Fire safety regulation is undergoing a period of evolution, with many new & far-reaching fire safety developments having significant implications for those responsible for educational premises.
The Tribunal considered whether a care home worker was unfairly dismissed following her refusal to be vaccinated against Covid-19. It is important to note the Claimant’s dismissal pre-dated the compulsory vaccination regulations in force from November 2021.
More needs to be made of these procurement routes, with clients honouring the original concept rather than watering down concepts.
From 1st January, new import rules come into effect, with potential for significant delay, disruption and cost for importers and exporters.
There is much still to learn about how the strategy will be implemented and those details will play a huge part in determining the final outcome. However, there are grounds for optimism.
A ResPublica report highlighted that asbestos continues to be the UK’s number one occupational killer, with nurses and teachers 3 to 5 times more likely to develop mesothelioma than the general UK population. The House of Commons Work & Pensions Select Committee is investigating how the HSE manages the continued presence of asbestos in buildings.
