Emily Carter

Emily is a partner within the Public Law team specialising in representing both individuals and organisations involved in large scale inquisitorial proceedings and investigations. Her background in criminal and regulatory proceedings has provided her with a balance of defence and prosecution experience, as well as insight into the complex demands upon clients involved in such proceedings. 

Inquiries and inquests   

Emily has represented clients involved in a number of high profile proceedings dealing with matters of particular complexity and sensitivity in health, financial, police and military sectors. She is able to navigate her clients through lengthy proceedings involving the management of significant quantities of evidence, advising upon case presentation, dealing with critical associated issues such as data protection compliance and protection of legal professional privilege, as well as representations upon the final report.

Notable Cases

• Organisations in the Independent Inquiry into Child Sexual Abuse
• The FCA / PRA independent investigation into the failure of HBOS
• The Davis Inquiry into FCA briefing of business plan in March 2014
• Patient safety charities in the Mid Staffordshire NHS Trust Public Inquiry
• Soldiers in the Baha Mousa Public Inquiry
• Senior police officers in the “Stockwell Inquest” into the death of Jean Charles de Menezes

 

Her understanding of the coroners’ courts has enabled her to guide families and other individuals through inquest proceedings, including within the fields of healthcare and military service. 

Information law

Emily has a particular interest in the practical application of data protection legislation, including corporate compliance ahead of the GDPR being introduced in 2018. She advises individuals on subject access requests, as well as the rectification and deletion of data, especially with respect to data held by the police service and Disclosure and Barring Service.  Emily is experienced in advising organisations providing evidence in investigations on the data protection obligations owed to individuals. She assists both those making and receiving applications for information under the Freedom of Information Act 2000.

Judicial review

Emily advises in relation to judicial review proceedings, including pre-action correspondence . She advises upon public law remedies across the areas of her work, including inquest and inquiry proceedings, misconduct and disciplinary proceedings.

Internal investigations

Emily is a member of the firm’s internal investigations team with experience conducting sensitive internal investigations on behalf of corporates as well as representing individuals  with respect to intellectual property theft, corruption and LIBOR-fixing. She has acted on behalf of individuals in internal interviews ahead of investigatory interviews conducted by the Financial Conduct Authority and Serious Fraud Office.

Regulatory and professional discipline proceedings

Emily has acted on behalf of a range of regulatory bodies:

• The Financial Reporting Council in proceedings against accountancy professionals in matters of significant public interest.
• The Security Industry Authority undertaking licensing appeals and conducting one of the first significant criminal prosecutions undertaken by the body in the Crown Court.
• The Health Professions Council investigating and presenting fitness to practice cases before its practice committees.
• She also acts for senior police officers of the Chief Police Officer’s Staff Association in connection with disciplinary and criminal investigations, including those conducted by IPCC.

Criminal investigation and litigation

Emily has represented clients at every stage of the criminal process from investigation to appeal and confiscation. She has extensive experience acting in matters involving Serious Fraud Office investigations into complex fraud, corruption and money laundering.

Arising from her experience acting in both regulatory and criminal proceedings, Emily has specific expertise in handling the process of pre-hearing disclosure from both prosecution and defence perspectives.

Emily qualified as a barrister and solicitor in New Zealand in 1999 having studied law and criminology at Victoria University of Wellington. She qualified as a solicitor in England and Wales in 2003.

Professional societies and memberships

• Constitutional and Administrative Law Bar Association (ALBA)
• Association of Regulatory and Disciplinary Lawyers (ARDL)
• Association of Commonwealth Criminal Lawyers (ACCL)