Regulatory

 

We have over 30 years of regulatory law expertise at Platt’s Solicitors, which enable us to provide expertly represent you and your business in the event of EU and UK Regulatory Law matters. Ignoring acts, omission, and human error, can result in breaches within industry specific regulations which could lead to regulatory investigation.

Regulatory Law relates to rules, laws and policies that are created by a government agency or executive body which are designed to ensure that companies and professionals are accountable for protecting the public, employees, and the environment. Examples of regulatory breaches include; how you dispose of waste or report your finances.  Along with this, some sectors (healthcare and accountancy, for example) have their own regulators which govern how companies and individuals in these industries must operate. Platt’s Solicitors have successfully worked with many regulatory bodies which include:

  • Association of Chartered Certified Accountants (ACCA)
  • Chartered Institute of Management Accountants (CIMA)
  • Coroner’s Court and Fatal Accidents at Work Inquests
  • Environment Agency
  • Financial Conduct Authority (FCA)
  • General Dental Council (GDC)
  • General Medical Council (GMC)
  • General Teaching Council for England (GTC)
  • Her Majesty’s Revenue and Customs (HMRC)
  • Health and Safety Executive (HSE)
  • Institute of Chartered Accountants in England and Wales (ICAEW)
  • Royal Institution for Chartered Surveyors (RICS)
  • Solicitors Regulation Authority (SRA)
  • Serious Fraud Office (SFO)
  • Teaching Regulation Agency (TRA)

The penalty for being found guilty for failing to adhere to regulatory law could lead to a criminal conviction; this includes directors facing criminal charges, bans, financial penalties, loss of employment, custodial sentence and a permanent ban from working in a specific industry.

The Financial Conduct Authority (FCA)

We are specialist lawyers and can provide the expertise and help you need in dealing with the Financial Conduct Authority (FCA), an area in which legal advice is crucial due there being an increase in sizeable penalties in recent years.

Fraud and Compliance Investigation

The FCA is a financial regulatory body for nearly 60,000 financial services firms and financial markets in the UK which makes and enforces rules for the financial service industry but operates independently of the UK government. The FCA regulates financial firms providing services to consumers and maintains the integrity of the financial markets, it focuses on the regulation of conduct by both retail and wholesale financial services firms. If you or your business is subject to an FCA investigation you will need the expert experience that Platts Solicitors can provide, as prosecutions undertaken through the criminal courts could result in penalties, substantial fines, and prison sentences.

The FCA works with the police to prosecute individuals and businesses that are found guilty of committing crime such as:

  • Fraud
  • Illegal scamming
  • Illegal financial promotions
  • Insider dealing
  • Money laundering
  • Misleading practices
  • Mis-selling of financial services
  • Market rigging
  • Obstructing an FCA investigation
  • Unauthorised persons undertaking regulated activity

Company Investigations and Regulatory Compliance

There are a number of enforcement agencies which can investigate a company if it is believed that they are not complying with regulations or is suspected of criminal activity. At Platts Solicitors our dedicated lawyers frequently work with a number of agencies which include;

  • Financial Conduct Authority (FCA) – is a financial investigation authority agency which works with the police to eliminate criminal offences such as money-laundering, mis-selling of financial services, market rigging, insider dealing and illegal financial promotions.
  • Serious Fraud Office (SFO) – is a government agency that works closely with the police to investigate and prosecute activity involving serious or complex fraud and bribery and corruption.
  • Her Majesty’s Revenue and Customs (HMRC)- investigates any company suspected of tax avoidance or evasion.
  • Health and Safety Executive (HSE) – carries out investigations due to work-related incidents that have resulted in death, physical injury, occupational disease or other dangers.
  • Environment Agency – is responsible for ensuring that business practices don’t negatively impact on the local environment and will take action if they believe regulations aren’t being followed.

If you are under suspicion of any unlawful activity, the relevant agency has the power to prosecute individuals and businesses that are found guilty of any crime.

  • Companies House Prosecutions – whereby companies and directors are being prosecuted. Under s.242 of the Companies Act 1985, the directors of a company are obliged, each year, to file copies of the following with Companies House:
    • The company’s annual accounts;
    • The directors’ report;
    • The directors’ remuneration report (in the case of a quoted company);
    • The auditors’ report on those accounts or (in the case of a quoted company) on those accounts and the auditable part of the directors’ remuneration report.

If these requirements are not complied with, each director of the company is liable to prosecution by Companies House. They could then be liable to a fine, daily default penalty, and disqualify directors for up to five years if it is their third or more offence of this nature. At Platts Solicitors we will provide you with expert legal advice as we will always aim to achieve you the best result and we pride ourselves on winning the most serious and complex cases.

Coroner's Court and Fatal Accidents at Work Inquests

In the event of a fatal accident occurring within your business, or as a result of a failure in workplace procedures, such as in a medical environment, it is imperative you immediately obtain sound expert legal advice so that all the evidence can be thoroughly examined in order to accurately represent your rights and interests in court. At Platts Solicitors we can provide you with expert and empathetic representation in an extremely difficult and challenging time. 

In cases which involve fatalities at work the actual cause of death will then have to be referred to the coroner’s court in order to establish the exact cause of death and the actual circumstances surrounding it.

Instructing Platts Solicitors will enable you to receive expert legal advice and sound guidance on health and safety issues and a robust overview on you responsibilities as an employer in order to ensure that your business is fully compliant to changes in Health and Safety Executive (HSE) legislation, in order to protect you from criminal investigation, prevent accidents and fatalities.

Coroner’s inquest include:

  • An accident at work
  • A sudden or unexpected death
  • A road traffic accident
  • A medical accident
  • A death at an event or sporting activity
  • Death occurring in police custody, prison or other state detention
  • Deaths as a result of criminal behavior
  • Death in suspicious circumstances
  • Death due to violence or neglect
  • Death during a medical procedure
  • Unknown cause of death
  • Unnatural Death

Inquest at a coroner’s court are conducted in a formal manner, they do not make no decision on; blame, compensation or guilt and are predominantly a fact-finding exercise needed to establish an accurate account of the facts surrounding the death. The exact cause of death needs to documented on a death certificate so that funeral arrangements can be made and an individual’s estate can be settled and to establish a true account of what happened.

The coroner court verdicts can be specified by a coroner at the end of an inquest, however in the event of a fatal accident, there are 2 verdicts in particular which are the most probable;1) Death by unlawful killing, and 2) Accidental death or death by misadventure.

Death by unlawful killing – verdict involves serious negligence such as that of an employer not complying with health and safety regulations at work in which criminal investigations may also be undertaken.

Accidental death or death by misadventure – judgement is given when it has been established that there was no intention to cause death, despite someone having caused death.

For expert advice on all criminal-related matters, contact our Manchester criminal lawyers online or by phone on 0161 834 3114 and Office out of hours number 07977 402020

The Independent Commissioners Office (ICO)

The (ICO) is an autonomous regulatory body, which ensures that personal data is collected, managed and stored in accordance with government regulations introduced in The Data Protection Act 2018 and  General Data Protection Regulations (GDPR) 2018. Breaches within these regulations can be subject to thorough investigation which could lead to criminal prosecution, fines, as well as severe reputational damage.

If you or your organisation that holds or manages personal information about others, you are known as a ‘data controller’. The 2018 Act lays out the rules for data protection, and in the same year the General Data Protection Regulations (GDPR) came into place, strengthening the rights of ‘data subjects’ to have their data protected, meaning tougher rules for data controllers.

The ICO will investigate any breach of The Data Protection Act and the General Data Protection Regulations; if you have been reported by a third party, or suspect yourself of a breach within your management of data, or become aware of a breach within your organisation, you can consider voluntarily notifying the ICO yourself.

If you find yourself being investigated by the ICO it is possible that you have breached one or a series of policies, inadvertently or otherwise under the Data Protection Act.

Data Protection Act 2018

Platts Solicitors are a highly experienced in all matters of data protection and privacy and have the ability to provide extensive legal expertise.

The Data Protection Act expects information to be used fairly, lawfully and transparently. This data is used for specified, explicit purposes only, which is accurate, adequate, relevant and limited to only what is necessary and is kept up to date for a period of time that is no longer than necessary.

Information is managed ensuring appropriate security and protection against unlawful or unauthorised processing, access, loss, destruction or damage.

Data subjects (organisations storing information) are legally obliged to be conscious of what the intention is in storing personal information as well as informing customers why their information is needed, the purpose and whom it is intended to be shared with.

Personal Data Breach

Personal data breaches could happen in many ways such as; through accident, by error, or caused deliberately.  This subsequently results in a loss, alteration, unauthorised access or disclosure of, or access to the of client information.

Breaches of information include:

  • Accidentally sending personal data to the wrong recipient
  • Devices containing personal data being lost or stolen (i.e. laptop or memory stick).
  • Deliberate or accidental action (or inaction) by a data controller
  • Unauthorised access by a third party
  • Unauthorised alteration of personal data

The awareness of a security incident which could severely impact the confidentiality, integrity or availability of any personal data warrants immediate action in order for containment and damage limitation in order to limit the consequences for individuals. Having become aware of a data breach you must report a breach to the ICO without delay – not later than 72 hours. Failure not to undertake any course of action will have a detrimental effect on your case.  In any event or matter of a security breach it is crucial you obtain expert legal advice from Platts Solicitors as we have a highly experienced lawyers  to advise you and take the most appropriate course of action striking a balance between assisting the ICO and protecting your own position.

Responding to voluntary disclosure requests

The ICO could make a slightly less formal ‘voluntary information request’ rather than issuing an Enforcement Notice. Organisation’s can respond to the ICO with a formal Undertaking which will be posted on the ICO’s website. For some organisations or individuals this is preferable; despite being “named and shamed” by the ICO, it shows an acceptance of the ICO’s position and a willingness to cooperate to fix the issue.

It is important to be aware of potential issues when responding to voluntary disclosure requests, in case providing information voluntarily could breach the confidentiality of data subjects.

Platts Solicitors strongly advise you to immediately obtain assistance from our highly experienced team of expert legal advisers. If you or your company become aware of a data breach. This is warranted in order to mitigate the risk of your clients and your organisations reputation.  Depending on the severity of the breach your case will be heard at the Magistrates Court, or the Crown Court, and could result in fines being incurred to up to a maximum of up to £17 million, or 4% of annual turnover.

The consequences of a breach occurring could result in  the ICO  starting an investigation which has the potential to lead to prosecution, The ICO could  also issue an ‘Information Notice’  which would oblige the data controller to deliver information on its data processing procedures  or a  formal enforcement action if the ICO ascertains that a breach has occurred.

The ICO also has the ability to undertake interviews with individuals or company officials under caution as in order to enable them to ascertain if a prosecution before the courts is appropriate and can also conduct a test without warning in order to search premises to establish what data a business or individual possesses or stores.

The ICO also has the power to undertake “spot checks” and to search premises in order to establish what data a business or individual possesses or stores.  The ICO can interview individuals or company officials under caution as part of their investigation to aid them to determine whether a prosecution before the courts is appropriate.

Health and Safety Investigations (HSE)

The HSE enforces the Health and Safety at Work Act 1974, this act stipulates that it is the duty of ‘every employer to ensure, so far as it is reasonably practicable, the health, safety and welfare at work of all their employees’. Employers must ensure sufficient safeguards and procedures are in place in order to reduce the risk of injury or death to employees or others in the workplace. At Platts Solicitors we have experienced lawyers who are used to dealing with complex breaches of health and safety regulations.

Platts Solicitors are experts in defending corporate clients and individuals, which includes interviews under caution and attending Court. Investigations by the HSE may not always result in a prosecution, therefore it is important that you are represented by one of our experienced lawyers who will do their utmost to conclude matters without prosecution.

Trading Standards Investigations

Platts Solicitors regulatory lawyers have more than 30 years’ experience in defending businesses under investigation by Trading Standards, this includes amongst others; consumer credit, copyright, trade descriptions, trademarks, weights and measures and food safety.

An investigation will commence with a complaint against you or your business or as a result of a test purchase made by a Trading Standards official. In taking action to investigate a complaint you will be invited to attend an interview under caution. It is imperative that you seek legal advice as soon as you become aware of a trading standards investigation in particular before responding to the allegations in anyway, as any replies be it in writing or in the interview under caution may be significant in any subsequent prosecution. In some circumstances it may be possible to negotiate alternative options to prosecution, such as a written warning or a formal caution.

In the event that you are prosecuted through the Criminal Justice system, you will be issued with a summons detailing the alleged offences and providing you with a date for the court hearing.  We can advise you on the law and Court process from start to finish. We will robustly defend your case by assessing the evidence and advising you on the appropriate plea. It is vital that you obtain expert legal advice as in the event of a successful prosecution you could receive; a caution, a fine, conditions imposed upon licenses, revocation of your license to trade and in more serious cases a custodial sentence.

Platts Solicitors experienced trading standards lawyers can also advise on proceedings arising out of the initial prosecution such as; applications for forfeiture, confiscation proceedings and destruction of any goods seized.

For expert advice on all criminal-related matters, contact our Manchester criminal lawyers online or by phone on 0161 834 3114 and Office out of hours number 07977 402020