Emily Carter

Emily is a partner within the Public Law team specialising in information law, inquests, inquiries and internal investigations. Her background in criminal and regulatory proceedings, both defending and prosecuting, equips her to fully support clients involved in complex investigative processes. She is described as “precisely the kind of solicitor a client wants when the going gets tough” (Legal 500 UK 2021).

Information law

Emily advises companies, regulatory bodies, charities and individuals upon the application of data protection legislation, especially concerning matters of sensitivity or dispute, including:

• data protection compliance, including within internal investigations
• individual data rights, including data subject access requests (DSAR), rectification and deletion of data
• investigation and enforcement action by the Information Commissioner’s Office (ICO)
• tribunal proceedings involving information rights

Emily has a particular interest in the application of data protection law to children’s data. She also advises those making and receiving applications for information under the Freedom of Information Act 2000.

Inquiries, inquests and independent investigations  

Emily has represented individuals and organisations in a number of large scale, high profile inquiries including the Independent Inquiry into Child Sex Abuse, the Renewable Heat Incentive Inquiry, the Mid Staffordshire NHS Foundation Trust Inquiry and the Baha Mousa Inquiry. She advised individual witnesses within the Financial Conduct Authority’s (FCA) independent investigation into the failure of HBOS and the Davis Inquiry into FCA briefing of business plan in March.

She supports her clients through the inquisitorial process including the management of significant quantities of evidence, advising upon data protection compliance and the protection of legal professional privilege, and responding to criticisms upon the final report.

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. 

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 Independent Office for Police Conduct (IOPC).

Criminal investigation and litigation

Emily has represented clients at every stage of the criminal process from investigation to appeal and confiscation.

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.

Key cases

• Organisations and individuals 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

Professional societies and memberships

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