Regulatory & Professional Discipline

Regulatory investigations and professional conduct matters.

Regulatory matters carry a risk that ordinary commercial disputes do not: the outcome can affect whether you continue trading at all, and the process is usually public.

We act for businesses under investigation by regulators and enforcement bodies, for those facing health and safety prosecution, and for licensed premises dealing with reviews and applications.

What you say and do in the first weeks of an investigation shapes everything that follows. That is the point to take advice, not after a decision has been made.

Investigations

Regulators generally investigate before they decide, and the material you provide during that stage becomes the evidence in any subsequent case. Responding fully is usually right; responding without thinking about how it will read to a decision-maker rarely is. We advise on disclosure, interviews and how to engage constructively without conceding matters unnecessarily.

Health and safety

Following a serious incident you may be dealing with an enforcement body, an insurer and possibly a police investigation simultaneously, while also trying to keep operating. Sentencing for health and safety offences is calculated by reference to turnover and culpability, which means penalties can be very substantial for otherwise profitable businesses.

Professional conduct

Where individuals within a business face proceedings before their own regulator, the business’s interests and the individual’s are related but not identical. Both need considering, and it is important to be clear from the outset who is being advised.

Licensing

Premises licence applications, variations, transfers and reviews. Reviews brought by the authorities or by residents can result in conditions, suspension or revocation, and the hearing is frequently the only opportunity to put your case. Preparation and evidence of what has changed matter more than argument on the day.

Early advice matters
The investigation stage shapes the outcome more than the hearing.
Penalties scale with turnover
Health and safety fines are calculated from company size.
Parallel processes
Regulatory, criminal, civil and insurance issues need managing together.
Your licence is your business
A review can suspend or revoke — preparation is everything.
How we can help

Health and safety prosecutions

Investigations and prosecutions following a workplace incident.

Licensing

Premises licences, variations and reviews — and defending them when challenged.

Professional conduct proceedings

Fitness to practise and conduct proceedings affecting people in your business.

Regulatory investigations

When a regulator or enforcement body starts asking your business questions.
Common questions

Questions people ask us

A regulator has asked for documents. Do we have to provide them?

Usually yes, and obstructing an investigation is often itself an offence. But the scope of a request can be clarified, privileged material should be identified before anything is sent, and how the material is presented matters. Take advice before responding rather than after.

What are the penalties for a health and safety breach?

They are calculated by reference to the seriousness of the offence and the organisation’s turnover, so fines for larger businesses can run well into six figures or beyond. Directors can also face personal liability and disqualification where consent, connivance or neglect is established.

We've been notified of a licence review. How serious is it?

Serious. A review can result in conditions being imposed, the licence being suspended, or in the worst case revoked. The hearing is generally your one opportunity to present evidence of what has changed, so preparation is far more important than advocacy on the day.

Who you'll be working with

Harri Williams

Harri Williams

Legal Secretary
.
John Graham

John Graham

Director
Lauren Darbyshire-Robert

Lauren Darbyshire-Robert

Practice Manager
If you’re not sure who to speak to, speak to me first.

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