We have extensive experience of advising clients facing enforcement action by regulators, defending clients facing disciplinary hearings and advising clients facing criminal investigations. The prospect of regulatory action can have serious implications for the survival of a business or for a professional’s practice and we recognise the need for urgent, specialist advice from expert lawyers.
Many cases call for cooperation and engagement and we will work collaboratively with regulators to help our clients achieve the best results. Other cases call for a more robust approach and we will vigorously defend our clients at each stage of their case.We will draw upon our experience in this area to guide our clients through investigations and enforcement proceedings and advise them on the best approach to protect their interests.
Health and safety is a complex topic and is an issue that affects all businesses from sole traders to multi-national companies. There are numerous categories within health and safety itself, including general health and safety duties, construction management, corporate manslaughter and homicide, gross negligence, working at height, gas safety, fire safety and many other areas.
Regardless of the sector in which you operate, the extent of Health and Safety legislation is a potential mine field for the unwary with an increasing number of criminal cases being brought against companies, and individual directors.
If a breach of health and safety laws occur there can be large fines imposed for what you may perceive as a minor offence. It is therefore vital for all businesses to contact well-experienced and knowledgeable health and safety solicitors if a case against their company ever arose.
Whether you are being investigated or face prosecution by the HSE or other regulatory body, your business can incur substantial financial penalties, reputational damage and even the loss of key directors.
As soon as a Health and Safety investigation begins, you should contact a solicitor straightaway. Early advice and intervention can often limit the damage or even prevent a prosecution from getting off the ground at all. We can advise on all aspects of Health and Safety matters:-
- Incident response;
- Representation at Police and HSE interviews under Caution;
- Defence of criminal prosecutions in Magistrates’ and Crown Courts nationwide;
- Prohibition and Enforcement Notices.
We have defended many individuals and companies accused of trading standards breaches and many other regulatory offences.
Trading standards prosecutions can be brought by the Office of Fair Trading (OFT) together with the local authority regulatory body for trading standards. They can also be brought by the Food Standards Agency. These bodies can investigate and prosecute in number of areas and this can affect wholesale or retail businesses. The potential offences include dealing in counterfeit goods, breaching copyright and breaching trademark regulations. These investigations can have a hugely detrimental effect on business and it is important that your rights are protected from the outset.
If you or your business is being investigated by the Financial Conduct Authority (FCA) you need to take immediate action to ensure that you have the protection of a specialist lawyer to guide you through the complex and sometimes draconian regulations. Our team of specialist lawyers with experience of defending clients facing enforcement action by the FCA. For immediate advice from a member of our team, call us on 01926 491181.
The Financial Conduct Authority (FCA) replaced the Financial Services Authority (FSA) on 1st April 2013. The FCA has wide ranging powers to investigate breaches of the codes of conduct by businesses or professional individuals providing financial services. The enforcement division has the power to investigate regulatory breaches or criminal offences. You will need specialist advice if you or your business finds you are the subject of any such investigation or prosecution.
Our Criminal Defence and Regulatory team is experienced in dealing with a wide range of statutory regulatory bodies including;
- The Health & Safety Executive
- Trading Standards
- The Food Hygiene Agency
- NHS Counter Fraud Unit
- The Information Commissioners Office
- The Department of Business, Enterprise and Regulatory Reform
EARLY ADVICE AND INTERVENTION IS ESSENTIAL
If you are concerned about any of the above or need help and advice regarding your business, speak to a member of our team today.call our team today on 01926 491 181 or email JStrong@moore-tibbits.co.uk