Strategic Advice

Strategic Advice to Enforcement Authorities

Strategic Advice to Those Facing Enforcement Action

Disclosure, Data Protection and Freedom of Information

 

Strategic Advice to Enforcement Authorities

Our regulatory law barristers, including but by no means limited to our two Standing Counsel and ten Regulatory List counsel, are frequently asked by the Health and Safety Executive, Office of Rail Regulation, Environment Agency, Food Standards Agency, local authorities and other enforcement bodies for advice pre-charge and advice about policy and enforcement issues.  The advice often sought and given extends beyond questions of the statutory construction of statutes, regulations and directives to practical questions of evidence, alleged abuse of process, proportionality, compliance with policy and costs implications.  We also advise on questions arising from primary authority activity under the Regulatory Enforcement and Sanctions Act 2008.  We offer practical and cost-effective advice in all these regards, though it will be understood that the nature of the advice given in particular instances is such that the details cannot be set out on a publicly accessible website: those who may seek such advice are asked to contact the Clerks for more details of this area of expertise.

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Strategic Advice to Those Facing Enforcement Action

Our regulatory law barristers are frequently consulted on a confidential basis by businesses, institutions and individuals in advance of foreseeable enforcement by regulatory authorities (i.e. pre-charge) or even to advise before investigation begins on how to select and implement systems which will avoid potential enforcement violations from eventuating.  Increasingly our clients, who include large oil and chemicals companies, the operator of a nuclear power facility, plcs facing corporate manslaughter probes and a national sports authority, recognise that being well prepared in advance avoids future accidents and saves money, as it will enable regimes to be adopted which satisfy the regulator, render unnecessary much of the potential regulatory enforcement action and represent powerful defences or mitigation should regulatory enforcement action nonetheless be brought.  We also frequently advise businesses and individuals facing potential regulatory action on the steps which may be taken to ensure that such action, if pursued, is proportionate and properly in accordance with the various sources of policy which may bind the regulator’s scope of action.  We offer practical and cost-effective advice in all these regards, though it will be understood that the nature of the advice given in particular instances is such that neither the identity of clients nor the detailed subject of the advice can be set out on a publicly accessible website: those who may seek such advice are asked to contact the clerks for more details of this area of expertise.

The advice sought often raises questions of the proper governance of businesses and institutions.  Click for details of our Civil and Commercial Team’s work regarding the governance of Companies and Partnerships.

Similarly, questions can arise in relation to the conduct of individuals: click for our Financial Conduct Team’s work on the Discipline of Financial Professionals (such as accountants, financial advisors and solicitors) and here for our Employment Team’s wider work on Professional Discipline including medical, educational, policing and other non-financial professions.

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Disclosure, Data Protection and Freedom of Information

Questions of disclosure, with related issues of data protection, freedom of information, privacy, human rights and public interest immunity, can arise in the course of other work or as freestanding disputes.  As well as dealing with these issues in the course of other litigation, members of 6 Pump Court regularly advise organisations – businesses, institutions, central and local government departments, other public bodies – as well as and those dealing with those organisations on the proper extent of disclosure which can be demanded or should be provided in the particular regulatory, criminal, civil or public law context.

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