Testing in Testing Times: WADA Anti-Doping Guidance for Athletes in light of COVID-19
Legal 500 UK 2021
For over 75 years, our lawyers have discreetly advised public figures in some of the highest profile cases of the last century. Our lawyers understand the pressures of being in the public eye and seek to shield our clients from the often intrusive media glare.
We offer legal representation and advice to clients and their advisors to enable them to manage their public, business and private lives. Our history of discretion and sensitivity inspires trust in our clients, providing confidence in the fact that we will care for every aspect of their lives and protect their rights and interests.
Our understanding of a client’s right to privacy, the reputational damage a difficult case can bring and the need to keep business running, make Kingsley Napley the lawyers of choice when looking for a trusted advisor. Our criminal defence lawyers are astute, supportive and highly sophisticated. We are recognised for our skill in providing strategic, practical criminal law advice. We understand the reputational damage a police investigation can bring and that being in the public eye brings unwanted media attention. Discretion is our watch word and we are skilled in crisis management, shielding our clients from the media glare.
From accompanying clients to police station interviews to managing every step of a criminal investigation, we guide clients through their options and give advice on the best course of action to take.
We recognise that to achieve the very best outcome for our clients we need to be proactive from the earliest moment of a police investigation. In many instances we can help to avoid an arrest taking place, with all the potentially onerous consequences that can flow from an arrest: restrictions on travel, oppressive bail conditions, and the likelihood that fingerprint and DNA samples will be taken that will remain on a national database for life.
There is a myth that those who attend the police station with a lawyer only do so because they are guilty. In fact, those who have the benefit of legal advice are more able to make the right decision about whether and how to answer questions. Those that have a lawyer are much less likely to be taken advantage of by the police. What happens at the police station can dictate how well you are able to defend the case later if it develops. It also means you have a better chance of bringing the investigation to a conclusion sooner rather than later.
Many people, when faced with police questioning, attend on their own, believing they can talk their way out of the situation and leave as quickly as possible. This is rarely the best long term strategy. Our aim is to help you to stop, think and give the best account of yourself.
By attending the police station with one of our specialist lawyers we will be able to obtain information about the investigation, the reasons why you are being interviewed, explain the process to you, advise on your options and ensure that you are treated fairly throughout the proceedings. Sometimes the best advice is to decline to answer questions, at least until further information is provided as to the case against you; or alternatively, it may be better to produce a written statement setting out your case in a clear and structured way. Even if you decide to answer questions, you will want to think carefully in advance about the issues with which you will have to deal.
A dynamic team that shows good attention to detail."
Chambers UK 2021
Leading criminal team that demonstrates impressive strength in depth across a broad range of cases. Regularly acts on high-profile cases involving well-known public figures."
Chambers UK 2019, A Client's Guide to the UK Legal Profession
The ‘first-rate’ team at Kingsley Napley LLP is ‘efficient, strategic, committed and able to handle the most complex of criminal cases as well as more general crime cases’. It advises corporations and individuals on sexual offences, violent crimes, drug offences, firearms offences, extradition and high-profile matters with an international element."
Legal 500 UK 2019
They very much embrace the need to look at the whole situation; they look at the media exposure - for people in the public eye and for a particular type of high net worth individual, that's very important and I've seen them handle that side of things very well. They're one of those few firms that would give clients a genuine round-the-clock service, seven days a week."
Chambers High Net Worth Guide 2018
They stand out because of their ability to stop a case before it gets started. Their commitment, preparation and tenacity set them apart. They are a strong firm."
Chambers UK 2018, A Client's Guide to the UK Legal Profession
They pick up some fantastic work, they have some fantastic clients and they have a skill of trying to get rid of matters before they go too far."
Chambers High Net Worth Guide 2018
Their reputation as being the pre-eminent solicitors in this market is deserved. They are justifiably instructed in infamous, heavyweight cases and I can't imagine that anyone is ever dissatisfied with the service they receive."
Chambers UK, 2017
First-class firm in terms of client care, as well as its thorough and meticulous approach to case preparation, both at pre-charge stage and at trial."
Legal 500 UK, 2017
The crime team is first-rate. They are dedicated, hard-working and tireless in their preparation of cases."
Chambers UK 2017
They are determined to do the best for their clients at all times and leave absolutely no stone unturned. It is a brilliant defence firm."
Chambers UK, A Client's Guide to the UK Legal Profession
If you have any questions, please contact a member of our criminal litigation team.
Reputation management can also be a key consideration when high profile individuals are faced with criminal allegations, as press interest is common, especially where the individual and/or the organisation are high profile. Our team of Reputation Management lawyers can quickly assess the situation and give strategic advice on courses of action to take in respect of privacy, defamation and data protection issues.
Kingsley Napley is ranked in Band 1 for General Crime by both Chambers and Partners and Legal 500.
Kingsley Napley has real strength and expertise at all levels of the crime group. The team is hard-working, focused on getting results and yet maintains the human touch."
Legal 500 UK 2020
They are able to draw on expertise across the firm to provide a seamless service - if you are facing criminal allegations they can also handle the media, as well as any employment issues or regulatory proceedings that may arise."
Chambers UK 2020 – A Client’s Guide to the UK Legal Profession
Highly collaborative and team based in everything they do. Friendly and down to earth while also being world class. Uniquely able to bring together the brightest and the best but without being pompous or superior in their attitude. Great listeners, hard workers and tactically the best in the business."
Legal 500 UK 2021
The lawyers on the crime team are relentlessly good at what they do. They have a collaborative approach and are incredibly thorough and detailed in their work."
Chambers UK 2021
KN are exceptional in almost all categories! They are streaks ahead of everyone else and provide a very high level of service. If I were in trouble that’s where I would go. I like the fact they are genuinely committed to providing excellence even on less lucrative cases or on cases of less seriousness. They completely get how serious every case is for a client . They unfailing do the very best for their clients."
Legal 500 UK 2021
In dealing with the firm, every aspect was outstanding and of the highest quality."
Chambers UK 2021
The general crime department is the best I have ever worked with. They are unsurpassed in the way they work as a team on their cases - it's a very well-drilled, slick operation."
Chambers UK 2020 - A Client’s Guide to the UK Legal Profession
Recent guidance issued by the CPS on the offence of ‘failure to disclose’ under section 330 of the Proceeds of Crime Act 2002 (‘POCA 2002’) states that it is now “possible to charge an individual under section 330 even though there is insufficient evidence to establish that money laundering was planned or has taken place.”
To date, there have seldom been prosecutions for this offence but this guidance – effectively removing a significant element of the offence - suggests that the CPS may be looking to bring more charges in the future.
As individuals, businesses and government departments alike begin to plan their recovery from the disruption caused by the pandemic, the Competition and Markets Authority (“CMA”) is examining its role in respect of pandemic and post-pandemic market abuse.
Dominic Cummings’ headline-grabbing appearance before the Covid select committee last week was in stark contrast to his 2018 refusal to appear when summonsed by the Culture, Media and Sport Committee investigating “Disinformation and ‘fake news’”.
Sandra Paul & Rebecca Niblock investigate a new legislative tool that could be a potential game-changer.
The long anticipated Domestic Abuse Act received Royal Assent on 29 April 2021. After numerous delays to the parliamentary timetable including the prorogation of parliament and the COVID-19 pandemic it has finally made its way on to the statute book.
Traditionally the sectors perceived to be most at risk from money laundering have been financial institutions, accountants, law firms and estate agents. But criminals have become increasingly adept and creative in seeking out new opportunities to legitimise the proceeds of their crimes and universities are now also the recipient of their unwelcome attentions.
Over the past few weeks there has been a steady stream of disturbing stories alleging sexual harassment and sexual abuse of children attending a variety of schools across the country, not just incidents involving children and adults but in many cases peer-on-peer abuse.
The Domestic Abuse Act 2021 became law on 29 April 2021. One of the key provisions of the Act is to broaden the ambit of the offence of controlling and coercive behaviour.
‘Sexsomnia’ or ‘sexomnia’ is a form of parasomnia. A parasomnia is an undesirable behaviour arising from sleep. Common examples including sleep walking and sleep talking. Sexsomnia is a less common, but sometimes more problematic example of a parasomnia, which involves sleep related sexual behaviour.
Perhaps the first practical negative consequence for the UK to emerge “Beyond Brexit” from an extradition perspective relates to Article 83 of the TCA which allows EU Member States to refuse to extradite their own nationals to the UK. Germany, Austria and Slovenia had already exercised the Nationality bar during the transition period, which ended on 31 December 2020.
The law surrounding possession of firearms, including lawful possession, is complex and the consequences of falling on the wrong side of it can be very serious. Even if an individual lawfully owns a firearm and has the requisite certificates, it is imperative to remain on top of the requirements and any changes in the law.
The devastating economic impact of the COVID-19 pandemic has led to unprecedented levels of government support aimed at keeping jobs intact and businesses afloat. Although the news is beginning to promise a path out of lockdown and a gradual return to some degree of normality, equally as prominent are reports of fraudulent abuse of the COVID-19 support schemes and the government’s planned response.
At the end of last month, the Competition and Markets Authority (CMA) published a letter written to Danske Bank concerning its breach of the Small and Medium-sized Enterprise (SME) Banking Behavioural Undertakings 2002, following loans it had offered under the ‘Bounce Back Loan Scheme’.
This quarterly environmental law update provides a summary of a cross section of news stories in the period Jan 2021 - March 2021.
In late February 2021 a news article reported that a care home worker had been arrested on suspicion of gross negligence manslaughter after a patient died of COVID-19. In late March 2021, two further care home workers were arrested on suspicion of wilful neglect. We look at how those working in care homes can potentially face criminal liability in respect of COVID-19 cases.
Jonathan Grimes, Partner, and Sophie Wood, Senior Associate, in our Criminal Litigation team write for LexisNexis discussing the £2.3m fine imposed on Thames Water by the Environment Agency (EA) after causing a stream pollution and consider what factors criminal courts take into account when assessing the amount of the fine.
Children under 18 years old are afforded a number of special protections by virtue of the fact that they are children in the eyes of the law. These protections fall away when an individual turns 18 and they are legally considered an ‘adult’. For defendants who cross the threshold into adulthood during the criminal process, the impact of reaching this milestone can be profound.
Money launderers will look for any opportunity to take advantage of organisations with weak financial controls in order to launder their ill-gotten gains. Charities, trustees, employees and volunteers who knowingly or unwittingly assist money launderers, or who fail to report suspicions, may commit a criminal offence and find themselves liable to prosecution.
In the Budget 2021, presented to Parliament on 3 March, the Chancellor announced that HMRC will establish a taskforce to investigate those who have fraudulently made use of government schemes set up to protect individuals and businesses against the economic impact of COVID-19 – such as the Coronavirus Job Retention Scheme (CJRS) (widely referred to as the Furlough scheme) and the Self-Employment Income Support Scheme (SEISS).
Thames Water was sentenced on Friday 26 February 2021 to a fine of £2.3m and ordered to pay costs of almost £90,000. The case is noteworthy both because of the level of the fine imposed and because the Environment Agency (“EA”) uses criminal prosecutions as a means of enforcement relatively rarely.
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