SFO v ENRC: what did the Court of Appeal decide and what does it mean for lawyers?
Chambers and Partners, 2018
From accompanying clients to interviews – be they at the police station, conducted by the Serious Fraud Office, the Financial Conduct Authority or another regulator - to managing every step of a criminal or regulatory investigation, Kingsley Napley guides individuals and companies through the options before them and advises on the best course of action to take.
Our criminal defence lawyers are highly sophisticated, astute and supportive, particularly known for their skill in providing strategic, sensible and practical criminal law advice and for the ability to keep high profile cases out of the public eye.
When criminal activity occurs it is often the business itself, rather than the police, that begins the investigation. The internal investigation has become an increasingly common feature of the UK corporate landscape.
Whether alerted by the actions of a whistleblower, an investigation by internal audit, or by a query raised by a supplier or competitor, a company will have to examine the facts.
The decisions that companies make in response to these discoveries are rarely straightforward and can have significant financial and reputational consequences. It is essential to obtain specialist advice.
There have been a number of recent court decisions which highlight the challenges in establishing claims to legal privilege over an internal investigation, and the importance of managing this process at an early stage has never been clearer.
We are adept at helping organisations manage their relationship with the relevant regulatory authorities in order to achieve the best possible outcome.
Individuals caught up in such investigations also require specialist advice as they respond to requests by their employers and investigative authorities for the provision of information through interview. Our track-record is unrivalled. Our lawyers have advised in hundreds of interviews and can offer the best advice on the complex issues that frequently arise.
Our lawyers provide strategic and pragmatic advice in financial services regulatory and criminal investigations, in circumstances where there is often a complex dynamic between dealing with the FCA and overseas authorities with professional regulatory or employment issues.
We are the leading criminal law firm in the UK. We enjoy an excellent international reputation, with a network of international lawyers with whom we work on extradition and mutual legal assistance requests, and global investigations into business and financial crime.
The first indication of a criminal investigation can be a dawn raid, where the police arrive at domestic and business addresses first thing in the morning. Officers may be there to arrest individuals or to search for, seize and retain material relevant to their investigation. Used to dealing with unexpected and rapidly developing situations we can advise while the raid is on-going and also provide advice after the event on the lawfulness of the action and possible legal challenges.
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