We provide a clear path through the most complex regulatory issues

Seismic shifts in the audit and accountancy regulatory landscape were set in motion last year, which are expected to continue to take shape and impact the sector during 2022. 

The regulatory year ahead will see the SRA seeking to bolster its fining powers as it turns its attention to law firm culture, NDAs and technology; as well as more traditional areas such as anti-money laundering.

Guest author Edward Henry QC, of Mountford Chambers, considers the ongoing issues regarding access to medicinal cannabis, specifically relating to the treatment of children, in the United Kingdom (UK).

On 5 January 2022, Bupa pleaded guilty at Southwark Crown Court to breaches of the Regulatory Reform (Fire Safety) Order 2005. Bupa were ordered to pay a fine of £937,500 and prosecution costs of £104,000. This is the highest ever fine imposed for fire safety breaches under the Fire Safety Order in the UK.

Last month, the High Court handed down judgement in R (on the application of T M Eye Ltd) v Southampton Crown Court reinforcing the correct approach to applications for an award from central funds for the costs of a private prosecution. Despite clear ‘Jurisdictional error’ on the part of the Crown Court, the appellant court took the opportunity to warn private prosecutors; applications will not be approved ‘on the nod’.

Private prosecutions provide an effective way to seek justice; and particularly in circumstances when the traditional prosecuting agencies are unable or unwilling to act. Conducted appropriately they can be a useful, efficient and cost-effective tool to secure punishment of the guilty.  Conducted badly they can be an expensive mistake with far reaching consequences. 

In this blog series we draw on our experience of both bringing and defending private prosecutions to help clarify some of the common myths and misunderstandings about private prosecutions. In this blog we look at whether having an ulterior motive in starting a private prosecution can lead to problems down the line.

The built environment presents health and safety risks like no other sector. Whether it be the risk of falls from height, hazardous substances, trapped by items collapsing or overturning, fire or moving vehicles there are a wide range of hazards that need to be managed from the outset. Directors can be held personally liable when health and safety duties are breached. In this blog we explore the scope of personal liability for directors in the built environment.

Private prosecutions provide an effective way to seek justice; and particularly in circumstances when the traditional prosecuting agencies are unable or unwilling to act.   Conducted appropriately they can be a useful, efficient and cost-effective tool to secure punishment of the guilty.  Conducted badly they can be an expensive mistake with far reaching consequences. 

In this blog series we draw on our experience of both bringing and defending private prosecutions to help clarify some of the common myths and misunderstandings about private prosecutions.  In this blog we look at whether the private prosecutor is entitled to recover their full investigation and legal fees at the end of the case.

The Royal Institution of Chartered Surveyors (‘RICS’) has announced revised Rules of Conduct (“the Rules”) which set out the core principles of professional practice for RICS’ regulated members and firms worldwide. The revised Rules will take effect from 2 February 2022 and are designed to represent a transparent system of conduct and regulation and bring RICS’ ethical standards into one clear framework.

Whether you are a professional individual or a firm, Regulated Members of the Royal Institution of Chartered Surveyors (RICS) are expected to comply with ethical, conduct and competence-related professional standards. When things go wrong and a Regulated Member has seemingly breached these standards, RICS may investigate and take disciplinary action.

Last week Assistant Commissioner Fire Safety, Paul Jennings of the London Fire Brigade stated that developers are ‘gaming the system’, looking to reach only the minimum standards required for building safety and ‘bending the rules’. AC Jennings explained that we are not seeing the cultural change within the built environment that we would expect, following the tragic events of the Grenfell Tower fire and the subsequent Hackitt review.

The FRC has published a new paper aimed at audit firms and audit stakeholders containing best practice principles concerning how a good audit should be conducted and the elements indicative of a high performing audit practice.

Conviction cases are ordinarily relatively straightforward for regulators. If a registrant is convicted of a criminal offence, the regulator will generally treat the fact of the conviction as proof the offence was committed – and take action to protect the public accordingly. See Achina v General Pharmaceutical Council [2021] EWHC 415 (Admin) for an example of the difficulties registrants face when they attempt to ‘go behind’ the facts of a conviction.

As the legal profession returns to the office after many months ensconced in home offices, many will be looking forward to the increase in social interaction and in-person activities which will inevitably follow. Alongside this, legal services regulators appear to be gearing up for a commensurate rise in bullying and harassment complaints. With developments apace in this area among the UK regulators and further afield, what are we likely to see next from the Solicitors Regulatory Authority (SRA)?

The use of Non-disclosure agreements in sexual misconduct and discrimination cases is back in the headlines.   Iain Miller, Partner in Legal Services Regulation writes for The Times discussing NDA's reform.

As the regulatory landscape around cannabis in the UK evolves, investors are looking toward cannabis companies as a socially conscious investment, but in the UK, the drug is a controlled substance, as such, careful considerations need to be borne in mind. Here, Shannett Thompson explains the legal landscape around cannabis and its implications for investing in cannabis as a UK national.

To mark Suicide Prevention Day and raise awareness of the prevalence of deaths by suicide in the UK, Kingsley Napley is set to host a mental health panel discussion on 10 September 2021.

When a loved one dies, grief is difficult and there can be a lot to deal with.  If someone dies as a result of medical negligence or personal injury, then it’s important to consider who can bring a claim. 

Property analysis: Iain Miller, partner at Kingsley Napley, discusses the Supreme Court
decision in Harcus Sinclair LLP v Your Lawyers Ltd and its possible impacts on solicitors’
undertakings given in property transactions.

Being excluded from school can be a distressing and difficult time for both the student and their parents/carers. The process can be daunting for families, thereby requiring independent and pragmatic advice. This blog explains the types of school exclusion and how it differs between state and independent schools.