Defending Regulated Individuals, Organisations and Corporates

We have an established and experienced team of lawyers who advise and support professionals and businesses in all aspects of their dealings with UK regulators and other agencies with regulatory enforcement powers. Our team is independently and consistently recognised by Chambers UK and Legal 500 as a leader in the field of professional discipline and regulatory law.

Clients predominantly seek advice from us when threatened regulatory intervention puts in jeopardy their ability to practise in their chosen profession or the continued operation of their business. We regularly advise clients that are facing disciplinary investigations or regulatory prosecutions in the criminal courts, for alleged failures to comply with their regulatory responsibilities or following adverse licensing decisions or inspection reports. Many clients rely on our expertise in regulatory compliance, choosing to take a pro-active approach to ensuring that they are operating in accordance with the prevailing applicable regulations.

We recognise that, for many of our professional clients, there may be a tension between managing the time in attending to the operational responsibilities of their business, whilst at the same time, staying on top of the legal issues impacting on its operation. We see our role as alleviating that pressure, by expertly managing the legal issues, allowing our clients to focus on what they do best: running their business. Our approach is discreet and support is provided with the understanding that reputation management is often as important an outcome as the legal issue at stake.  While many businesses see lawyers as only being necessary in a crisis situation, we regularly see the advantage to our clients of planning ahead and seeking advice before a complaint hits. Whilst we all have different attitudes to risk, being prepared in areas such as good governance, information assurance, and in developments in contemporary expectations of transparency and accountability, often pays dividends later.

Living through an investigation into your practice or business affairs can be a frustrating and isolating experience. When we defend individuals facing a complaint or allegation brought by a regulator or other organisation, we first consider the range of likely outcomes and decide with you what an acceptable outcome would be for you in your particular circumstances. Depending on the nature of the case, we may seek to challenge the evidence advanced against you or challenge the procedure that is being used, as well as advising you on the best route to demonstrating remediation, contrition or insight, where appropriate.

Clients seeking advice from us often require specialist employment, dispute resolution, criminal or public law advice. We can quickly build a team of lawyers, expert in all these fields, from across the firm meaning that we can approach your problem from all necessary angles.

How can we help?

"The team working on my case was first-rate: they gave lightning-fast responses and possessed unparalleled expert knowledge of my profession, its regulatory bodies and the law relating to professional discipline."

Chambers UK, A Client's Guide to the UK Legal Profession,  2017

They are obviously very strong in the field of professional regulation

Chambers UK, A Client's Guide to the UK Legal Profession,  2016

...'They understand that there are risks in everything one does and we work together in mitigating the risks'.

Chambers UK, A Client's Guide to the UK Legal Profession,  2014

 "...'The lawyers are able to present cases to an exceptional standard, in terms of both advocacy and legal principles'...

Chambers UK, A Client's Guide to the UK Legal Profession,  2014

Defending Regulated Individuals, Organisations and Corporates Comment

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Blogs

Manifesto watch: Health and social care regulation

The relevance of retirement and future risk in fitness to practise proceedings

Thames Water receives record £20m fine for polluting rivers

What is lack of integrity?

Solicitors acting as McKenzie Friends and unbundling legal services – a cautionary tale

Let's fast-track solicitor discipline

Publishing of adverse findings can be a sufficiently serious sanction

Should GPs have to disclose previous convictions to patients?

Duplication of enforcement

Legal Services Regulation in 2017 – 5 things to watch

The importance of staying within your field of expertise and having a properly constituted Panel

To what extent is an appellate disciplinary tribunal entitled to interfere with a finding made by a panel of first instance when that finding is predicated on primarily hearsay evidence

Taking stock of money laundering obligations in light of recent ICAEW Disciplinary decision

‘Dogged and obstinate’ BACP prevented from proceeding to adjudicate on a complaint already disposed of by the UKCP

Hindmarch v Nursing and Midwifery Council [2016] EWHC 2233 (Admin)

Pressure on paramedic services calls for a change to how we use 999

What role should personal mitigation play in disciplinary proceedings where a police officer is found to have committed gross misconduct?

The NMC’s move towards ‘private allegations’

Reminder of the importance of disclosure obligations: Successful appeal by two teachers challenging failure of their regulator to give proper disclosure

High Court clarifies the position in relation to reliance on documents from previous investigations and/or the findings from previous investigations

Adverse employment disciplinary findings do not spell the end of your career

Good communication is as important as a doctor's clinical skills

What regulators regard as dishonest – more than you would think!

Case Update: High Court remits case back to the General Dental Council’s Professional Conduct Committee to reconsider whether the erasure sanction imposed was proportionate

Addressing the suicide risk of doctors under investigation: the GMC take action

Court rejects argument that actions which can be obviously detected rebut a finding of dishonesty

Press Round-Up: Regulatory and Professional Discipline. June 2016 – July 2016

Appellant’s arguments fall flat in citing prejudice/bias by witnesses and the Panel

Successful appeal challenging jurisdiction of the Secretary of State for Education to make orders in relation to former teachers

Court affirms General Pharmaceutical Council’s approach to assessing insight

Judicial Review challenge to new rules in relation to advice given by legally qualified chairs to fellow panel members

To tweet or not to tweet …?

How the General Dental Council deals with complaints against Dental Practitioners

Case update: High Court reaffirms Fitness to Practise Panels have a duty to support unrepresented registrants and are not bound by determinations on sanction by differently constituted panels

Case Update: The Court of Appeal reaffirms the approach to be taken by Panels in deciding whether to proceed in the absence of a Registrant

Case update: Doctor successfully applies to quash a decision of the Assistant Registrar of the General Medical Council (GMC) to review a decision made by the Investigating Committee not to impose a warning

ICAEW takes a dim view of failure to comply with an investigation

The full story behind the UKCP accreditation suspension by the PSA: confessions of a Regulator

Referrals to the Nursing and Midwifery Council from members of the public increase by nearly 50%

‘The Senior Managers’ Regime: the end of the ‘regulate/de-regulate’ cycle?

FCA is to consult over whether the head of legal role falls within the Senior Managers’ Regime

The PRA’s disapproval of a short-termist approach

Junior doctors industrial action – fair pay, fair working hours

Does the new GMC power mean double jeopardy for doctors?

Case Update: High Court emphasises the seriousness of a finding of dishonesty against a professional

Professional regulatory hearings - looking ahead to 2016

Professional regulatory hearings - 2015 in review

Case update: A salutary reminder to regulated professionals and students on the use of social media

Professionals: beware the excesses of the Christmas party…

Be silent and be ignored

Let's not scapegoat the GMC

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+44 (0)20 7814 1200

enquiries@kingsleynapley.co.uk

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