We provide a clear path through the most complex regulatory issues

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.

New research published in the British Medical Journal, BMJ Open, suggests doctors’ professional behaviours relating to self-reflective practice and raising concerns may be more likely to be influenced by their work environment and intrinsic principles of self-regulation and professionalism, rather than by extrinsic factors such as their obligations to comply with defined behaviours prescribed and monitored by the GMC, or the GMC’s handling of high-profile disciplinary cases.

Much has been said about the 2020 Court of Appeal judgment in Swift dealing with the disputed method by which claims for the cost of special accommodation following severe injuries are calculated, and rightly so; it was a privilege for one of the authors of this article to work on a case of such wide application and with such benefit for so many Claimants. 

The Financial Reporting Council (“FRC”) recently announced that it is intending to amend the Audit Enforcement Procedure (“AEP”) and is consulting on the proposed amendments.

With the consultation open until 7 October 2021, now is the chance for statutory auditors, audit firms, regulatory bodies and professional associations to have a say in what audit enforcement will look like over the coming years.

The Financial Reporting Council (the ‘FRC’) has published its Annual Enforcement Review 2021 (the ‘review’). We highlight the key trends in relation to the Enforcement Division’s activities during the past year, observations in relation to the FRC’s adoption of constructive engagement as a means of early resolution of matters, trends regarding sanctions imposed by the FRC, and priority areas of concern identified by the FRC, which are likely to impact its enforcement work over the coming year.

There have long been calls for better oversight and regulation of the beauty industry. As an example, ahead of the General Dental Council (‘GDC’) taking appropriate action leading to the Court confirming that teeth whitening amounts to the ‘practice of dentistry’ under section 37 of the Dentists Act 1984, these services were regularly being provided by untrained practitioners on the high street, often leading to injury to the public.

One of the hottest topics in solicitor regulation is how far the SRA’s regulatory powers reach beyond a solicitor’s professional life.   This topic has caused heated debate when dealing with allegations of sexual misconduct and inappropriate posts on social media.   One would expect that the world of solicitors’ undertakings would not be part of this debate.  However, the recent decision of the Supreme Court suggests that a true solicitors’ undertaking arises in relatively narrow circumstances and as such many undertakings given by solicitors fall outside their professional work and should not engage the SRA Codes of Conduct.

The EU-UK Trade and Cooperation Agreement will greatly affect the way we do business
with the EU. Jessica Clay and Ilda de Sousa look at the impact on solicitors.

Just a couple of weeks after the BEIS’ white paper consultation on audit and corporate governance reform closed for responses, the Financial Reporting Council (FRC) has published its annual audit quality inspection results for 2020/21 of Britain’s 7 largest audit firms (the ‘AQR results’).

Every solicitor knows that an undertaking is serious stuff.   Arguably it is the greatest power available to a solicitor.  A promise, if broken, that will lead to immediate and serious consequences for the giver.  As such it can be relied upon to the ends of the earth.  The power of undertakings has meant that they sit at the heart of every property transaction, bridging the time gap between the sending of money and the receiving of title.  They are also used in other areas of commercial life and as part of litigation.  The “brand” of a solicitor’s undertaking is so powerful that little thought is given as to where their power comes from. 

Poor investigation and disciplinary proceedings in universities for students accused of academic or non-academic misconduct are unfortunately common.  But what should Universities be doing to support those who are the subject of an investigation and how should universities ensure their procedures protect all parties involved?

The Consultative Committee of Accountancy Bodies (CCAB) has issued new guidance for professional accountants on the boundaries of professional and private behaviour, setting out for the first time a list of agreed common principles which will apply when a professional accountant’s behaviour in their personal life could become of regulatory interest to their professional body.

On 29 April 2021 the Fire Safety Act received Royal Assent after a protracted passage through Parliament. For those working in the built environment, the Act brings greater fire safety responsibilities, Hannah Eales of Kingsley Napley explains;

UK industry regulators are expected to take action if  rms have a toxic working environment on racial diversity.

In September 2020 the FCA published a statement regarding the listing of cannabis-related businesses (CRBs) in the UK. Since then several CRBs have been admitted to the London Stock Exchange (LSE) and appetite for investments in the medicinal cannabis industry continues to grow.

Dr Azubuike Valentine Udoye (“Dr U”) appeared before the Medical Practitioners Tribunal (“the Tribunal”) facing allegations of dishonesty relating to his route of qualification as a General Practitioner (“GP”) in the United Kingdom. On 30 January 2020, the Tribunal found that his fitness to practise was not impaired, dismissing allegations of misconduct against Dr U. The General Medical Council (“the GMC”) appealed to the High Court against this decision, under its powers set out in section 40A of the Medical Act 1983.

This week, the Government announced that Covid-19 vaccinations will be made compulsory for care home staff, raising strong emotions on both sides of the argument.