The regulatory burden imposed on organisations continues to increase as does the risk of unlimited financial penalties and even, in some cases, the risk of imprisonment for individual duty holders not limited to statutory directors. Browne Jacobson’s regulatory team has the expertise, skills and resources to support policy holders facing a regulatory investigation and prosecution undertaken by the wide range of regulators including Health and Safety Executive, Environment Agency, Trading Standards, Environmental Health Officers, Fire Authorities and/or the Police. We know how to support organisations engaging with regulatory investigations and enforcement actions to protect not only your legal interests but also your brand and reputational risks.
Over decades, our 17-strong national team has gained experience advising clients on a broad range of regulatory issues in sectors including construction and engineering, healthcare, logistics, retail and consumer, manufacturing and infrastructure, food and drink, energy, and education.
We know, for clients, having expertise to deal with a range of regulators is welcomed but what is as important to them is an understanding of the sector in which an organisation operates. We can use that combined knowledge and expertise to shape our strategy and secure an outcome that best addresses the needs and concerns of the client.
The Browne Jacobson regulatory team includes solicitor advocates and barristers, some of whom have come from a criminal background and have undertaken both prosecution and defence regulatory work, giving us a unique understanding and ability to negotiate with the regulators at each stage of an investigation and/or enforcement action.
A regulatory investigation is an unplanned and unwelcome interruption for any organisation. It brings with it uncertainty, risks of substantial uninsured losses, reputational damage and a call on internal resources to engage with and respond to an investigation and enforcement action. It’s our role to oversee those challenges, to plan a workable strategy that delivers the right outcome that protects all the client’s interests.
Advising a construction company investigated and prosecuted by the HSE following a workplace accident involving serious injury to an employee.
Advising a domiciliary care operator in a police and CQC investigation and inquest following the death of a service user.
Defending a Fire Risk Assessor prosecuted under the Regulatory Reform (Fire Safety) Order. The case is due before the Court of Appeal.
Advising a social care operator following a drowning incident resulting in a police investigation for manslaughter and inquest.
"There are a multitude of talented individuals who help clients navigate interactions with the Executive at all stages. From secretarial to advocacy, the team had a depth of experience, intelligence, and skills suitably backed up with access to up to date IT and resources."
"The team covers the full range of issues in this area and to a remarkable degree, works in a close-knit way to give clients a comprehensive and superb service from start to finish. The leadership provided by Andy Hopkins and Nigel Lyons is second to none and with Dale Collins in close support, this is the most formidable team in the South West."
"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."
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.
Investment zones have been introduced by the Conservative party to get the United Kingdom (UK) ‘working, building and growing’. They are to be designated sites which provide time-limited tax incentives, streamlined planning rules and wider support for local growth to encourage investment and accelerate the development of housing and infrastructure that the UK needs to drive economic growth. Processes and requirements that slow down development will be stripped back with the intention of attracting new investment.
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.
In this session, our speakers discussed the Fitness to Practise Regime and how we can help.
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.
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 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 Home Office has now launched a central registry for section 54 statements, a central registry for statements prepared in accordance with section 54 of the Modern Slavery Act 2015 (MSA).
This is timely guidance given that modern slavery will not be exempt from the health, social and economic challenges brought about by Covid-19.
The aim of the newsletter is to provide our clients and contacts across the financial services market with quarterly updates and insights on topical legal and regulatory issues.
The latest update covering delegated authority, insurance product development, the senior insurance managers regime, data protection, operational control frameworks, Lloyds market, and horizon scanning.
Last month the FCA published the FCA Enforcement Annual Performance Report for 2018/19.
Sussex Partnership NHS Trust was sentenced on 14 June 2019 for failing to provide safe care and treatment to a 19 year old inmate being cared for on the hospital wing of Lewes Prison, Jamie Osborne.
What happens when an accused cannot stand trial in criminal investigations? There are many situations whereby after a criminal investigation has started, an accused individual can no longer stand trial.
On 11 January 2019 Mr Justice Foskett provided his judgment in respect of an application for non-party costs pursuant to section 51 of the Senior Courts Act 1981 against AIG.