Regulatory requirements are increasing, both nationally and internationally, and understanding and implementing the plethora of guidance and regulations relevant to running your organisation is daunting. At the same time, civil and criminal enforcement and recovery powers are extensive with recent significant increases in financial penalties and sentences handed down by the courts. Failure to comply can be costly and severely damaging to your brand, reputation and sales. It could lead to dawn raids, unexpected visits from the Health and Safety Executive, Environment Agency, Trading Standards and ultimately the Police as part of time-consuming regulatory investigations or prosecutions. Many of the sanctions for breaches of regulatory offences are criminal or quasi-criminal with company directors and officers facing personal liability. We help you navigate the relevant regulatory framework, provide thorough, balanced and pragmatic advice on regulatory risk management as well as being available to you 24 hours a day in the event of incidents, accidents or unannounced visits by the regulators.
Our expert regulatory team, which includes a number of criminal lawyers, undertakes both defence and prosecution giving us a unique understanding and ability to negotiate for clients involved in an investigations and enforcement action. We work closely with our civil litigation colleagues who advise on any commercial disputes or civil claims for compensation that often follow a regulatory investigation.
What we do
- Our clients – international public limited companies, national blue chip and public sector organisations, government departments and local authorities, school and hospital trusts, insurers, small and medium sized enterprises, company directors and officers of public sector organisations.
- Our experience – we advise and represent private and public sector bodies across a wide range of disciplines and undertakings including retail, food and drink, construction, health, education, insurance, financial services, pharmaceuticals, automotive and logistics, security, construction and manufacturing.
- Our practice – we operate in a broad range of practice areas including health and safety, fire safety, environmental, trading standards, financial crime including fraud, bribery, corruption, HMRC and sanctions, counter fraud, civil recoveries and intelligence, CQC registration and investigations, planning enforcement, food safety/labelling and Public or Statutory Inquiries.
- Specialists in investigations and complex regulations – we advise across the full spectrum of investigation and prosecution dealing with Police and regulator requests for disclosure, appeals against Statutory Notices, internal investigations (legal privilege), interviews under caution and subsequent representation before the before the criminal courts.
- Seventeen lawyers – a broad team with decades of experience. Solicitor advocates, barristers and experienced criminal and regulatory solicitors based in Birmingham, Nottingham Manchester, London and Exeter, but with a national practice covering the whole of the UK and internationally. The team is unusual in that solicitors have undertaken both prosecution and defence work in the regulatory area, which gives them a unique understanding and ability to negotiate for their clients when involved in investigations and prosecutions.
- Strategic approach - we work shoulder to shoulder with our clients, visiting clients’ premises to ensure we truly understand the organisation we represent. Taking time with close relatives or business partners so that key people feel involved and supported. Most importantly, protecting their interests in the unfamiliar territory of Police stations, Court rooms and Inquests.
- Advice on policies, procedures and process – beyond litigation, our team assists clients in respect of new legislation and regulations advising upon the principles around policies and procedures to meet legal requirements as well as delivering training at board and senior management level. The team also assist corporate colleagues in respect of due diligence during commercial transactions.
Representing clients before the Traffic Commissioner
Representing clients, before the Traffic Commissioner and in connection with Operators Licences.
Road traffic offences
Advising in respect of road traffic offences including construction and use, dangerous and careless driving, death by dangerous or careless driving, policy reviews regarding mobile phones, satellite navigation and CCTV, loading and unloading, traffic management.
Care home providers
Advising numerous care home providers in connection with CQC registration and appeals including appeal to the First Tier Tribunal.
Advising many NHS bodies respect of CQC inspection and ratings.
Daisy May Coster-Hollis
Lead Intelligence Analyst
"The wide in-house services they have and relevant experience they offer on health and safety matters stand out."
"The team is always available. They put in the effort for the client and are client focused rather than self-focused. They are very well organised and manage cases exceptionally well."
"The team contains individuals who complement each other’s strengths. This is very important as clients get the right people at the right level for a case or particular matter."
"The advice given by the team is tailored to meet the particular legal issues well as the client’s individual circumstances."
You may be interested in...
What’s lurking in your garden? The UK’s most dangerous and invasive plants
Landowner fined £15,000 after public attacked by cows
The future of autonomous technology - August 2023
Polluters to face unlimited penalties under new legislation
Browne Jacobson grows Cardiff team with two new appointments
Higher-risk buildings – are you ready for 30 September 2023?
Government to expand network and information systems regulations
New provisions for higher-risk residential buildings now in force
UK Government publishes the Online Safety Bill: an overview
Update on the Digital Services Act (“DSA”) – Important Dates and Deadlines Looming
Legal Update - Public matters newsletter
Public matters - January 2023
Browne Jacobson advises Natural England on investigation of ‘first in its kind’ sentenced Devon farmer
Biodiversity Net Gain: positive for nature and an opportunity for landowners
Logistics firm fined for multiple failings leading to asbestos exposure
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.
Consumer duty part 2 - 'The drill-down' into the 'cross-cutting' rules
Directors fined for unsafe removal of asbestos
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.
Don't look down
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.
DSA approved: Targeted Advertising Rules explained
HSE inspection of asbestos in schools
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.
“Red tape” reform and no-fault dismissals
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.
U-turn on DEI regulatory reporting
Avoiding the pitfalls of WhatsApp
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.
Is it hot in here, or is it just me?
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.
Legal Update - Shared Insights
Shared Insights: The Fitness to Practise Regime
In this session, our speakers discussed the Fitness to Practise Regime and how we can help.
The Building Safety Act 2022: Navigating building liability orders
Compliance - small businesses and new regulation
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.
Construction: Gold Standard Framework – seven months on
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.
Building Safety Bill – what’s coming and how will it affect you?
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.
Building Safety Bill receives Royal Assent
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.
Don’t let the lights go out – dealing with an insolvent energy supplier
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.
Fraud – why it pays to be vigilant
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.
Building Safety Bill amendments
Draft Bill published to establish a Register of Overseas Entities
The Government has this week published the Economic Crime (Transparency and Enforcement) Bill as part of its measures to crack down on foreign criminals using property in this country to launder money. The Bill proposes the establishment of a Register of Overseas Entities to be maintained by Companies House.
HSE Campaign Targets Construction Industry in Birmingham
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.
COPs 26 and 27: Reflecting Back and Looking Forward – What environmental developments and commitments can we expect in 2022 and beyond?
Watch our webinar on-demand. Issues discussed: summary of the COP26 outputs, predictions for further commitments at COP27, and more.
Care home worker fairly dismissed for refusing Covid-19 vaccination
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.
Construction needs to do more to reduce carbon emissions
More needs to be made of these procurement routes, with clients honouring the original concept rather than watering down concepts.
New year, new Brexit transport rules
From 1st January, new import rules come into effect, with potential for significant delay, disruption and cost for importers and exporters.
Care Quality Commission Strategy from 2021 – Ground for Optimism but Much Still to Learn
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.
Asbestos: Still the UK’s number one occupational killer
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.