Emily Carter

Partner

Public Law | GDPR and Data Protection | Public Inquiries

...‘can absorb vast amounts of novel and complex information and drill it down to the core issues’...

Legal 500 UK

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.

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.  Given her background in both criminal and regulatory law, Emily is well placed to assist individuals or organisations with respect to data protection enforcement, including regulatory or criminal investigations undertaken by the Information Commissioner’s office. She assists both those making and receiving applications for information under the Freedom of Information Act 2000.

Judicial review and statutory appeals

Emily advises in relation to judicial review and statutory appeal 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. She acted in the first High Court challenge of Public Spaces Protection Orders. 

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.

recent 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

 

Professional societies and memberships

 

is not afraid to provide advice which may be unpopular with the client"

Legal 500 UK, 2019

The ‘highly professional and knowledgeable’ 

Legal 500 UK, 2016

...‘can absorb vast amounts of novel and complex information and drill it down to the core issues’...

Legal 500 UK, 2012

Sources say she is 'very bright' and praise her 'good clients skills'...

Chambers UK, A Clients Guide to the UK Legal Profession, 2013

Related Services

Bribery and Corruption

We have a long track record of defending corruption investigations for individuals. Our expert lawyers can also advise on internal investigations.

Data Protection

We help negotiate this complicated area of law, ensuring personal data is protected and helping to manage the consequences when it is not.

Dealing with a Data Breach

Our specialist data breach solicitors can assist you from the moment that a breach is first identified to the conclusion of the legal processes which may follow.

GDPR Compliance

Our specialist GDPR compliance team can provide your organisation with commercial, properly targeted, expert legal advice so you can meet the requirements of data protection legislation.

Dealing with an Investigation

Under investigation? We ensure you have the specialist, strategic advice to help you manage.

Defending an Allegation

Someone has made an allegation against you. What is the first thing you do?

Internal Investigations

Corporate clients require sophisticated and sensitive advice when they encounter internal crises which have the potential to escalate.

Licensing, Hospitality and Leisure

We help companies operating within the Licensed Trade and Leisure Industry to navigate this complex area lawfully and commercially.

Money Laundering

The UK’s anti-money laundering regime is amongst the most stringent. We represent both individuals and organisations in a wide range of money laundering related matters.

Public Law

Our 'exceptional' team has over 25 years' experience, acting in the most significant public law cases.

Regulatory

Our team of highly experienced lawyers provide advice on regulatory compliance, investigations, adjudication, enforcement and prosecutions.

Victim of Fraud

Our experienced and empathetic lawyers provide legal advice and guidance to individuals and companies who are victims of crime.

Inquests

Our team has an established record of representing families, other interested persons and witnesses at inquests.

Public Inquiries

The team is consistently recognised for its public inquiry expertise, with over 25 years experience in all the major inquiries.

Judicial Review

We are known for our notable strengths in judicial review litigation and our incisive and pragmatic advice.

Public Policy and Governance

We have expertise in administrative and public law, together with our real enthusiasm for the work we do.

Select Committees

Our team is experienced in representing senior professionals, public figures and major corporations before Parliamentary Select Committees.

Insight from Emily

View all

Blogs

More to do on cyber-security: half of UK businesses suffer cyber-security breach

Further chinks in the armour? EU-US Privacy Shield and the concerns of MEPs

The end of the duty of candour double standard?

European Parliament demands legal communications are protected from surveillance

Watch this space: Domestic CCTV cameras and public areas

eBay and the biggest hack in history - what can the Information Commissioner do now?

The publication of the Mid-Staffordshire NHS Foundation Trust Public Inquiry report: a time to pause

Supreme Court approves CPS policy on discontinuing private prosecutions – but only just...

The Serious Fraud Office and self-reporting: recalibrating the risk

Discontinuing private prosecutions: Should the DPP have the last word?

A Chief Coroner at long last... but what difference will he make?

London Metropolitan University: Any chance of challenging the UKBA?

The Post-Legislative Review of the Freedom of Information Act: A vote of confidence in the ministerial veto

The Operator: Watching out for CCTV - premises licence conditions and data protection obligations

Disclosure of government documents and the ministerial veto: When will the Information Commissioner take up the challenge?

The Freedom of Information Act: Exposing the Inner Workings of Government?

The E-Regulator: New guidance on the “regulatory activity” exemption in the Data Protection Act

The Regulator: When personal data is lost, stolen or falls into the wrong hands

Judicial review and secondary legislation: What power does the court have to fix broken legislation?

GDPR: The significance of the new principle of accountability

The ICO’s Regulatory Action Policy: What to expect in the new GDPR era

Dog walker successfully challenges local authority’s PSPO in High Court

Data protection: A new board room priority

GDPR & Brexit: Data transfers from the EU and the UK’s new status as a “third country”

The real impact of the GDPR… new notification obligations

A bitter pill: Hard lessons learnt by online pharmacy fined for selling customer data

Effective data security: The time to act is now

The new Duty of Candour: The first priority for NHS managers

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Contact Emily

+44 (0)20 7814 1255

ecarter@kingsleynapley.co.uk

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