Regulatory and Disciplinary
Businesses and professions are nowadays highly regulated. 'Referrals to disciplinary bodies by employers are common place. The potential effect of a referral in terms of reputation and income for an employee if there is an adverse outcome is significant. The media frequently focus on the ability of a regulatory body to regulate its members properly. Our experience in all areas of common law in particular employment, crime and fraud, coupled with our knowledge of procedures in relation to a wide range of regulatory bodies, means that we are well placed to present and prosecute cases, represent registrants and members, and to advise panels and committees as legal assessors.
Members of the team have particular expertise in the following areas:
- Local Authority & Statutory Regulation and Compliance
- Transport Law
- Financial Regulation and Compliance
- Coroner’s Courts and Inquiries
Members of the team also are often instructed in parallel criminal /quasi criminal proceedings.
All members of our team are able to accept instructions directly from clients.
- Medical Disciplinary – Our team regularly appear or advise medical conduct and health committees. Members of our team present cases for some healthcare regulators. Members of our team are able to receive instructions from the Medical Protection Society. Our team accept direct access instructions to represent medical professionals before their disciplinary bodies as well as instructions from their insurers. A number of members of our team sit as Legal Assessors for professional regulators including the General Medical Council, the Nursing and Midwifery Council, the General Dental Council, the General Pharmaceutical Council, the Health Care Professions Council and the General Osteopathy Council.
- Sports Disciplinary - Our team appears before the British Horseracing Authority, the Jockey Club, the Kennel Club and the Football Association.
- Professional Disciplinary - Our team accept instructions to represent accountants, financial advisors, surveyors and lawyers before their appropriate disciplinary bodies. Some members of our team sit as Legal Advisers to the Association of Chartered Certified Accountants and the Taxation Disciplinary Board.
- Police Disciplinary - Members of our team are regularly instructed by the Police Federation to represent Police Officers in disciplinary hearings held by Police Forces across the south of England.
- Prison Disciplinary - Our team regularly appears before prison tribunals in relation to parole board hearings and matters concerning prison discipline.
Local Authority and Statutory Regulation and Compliance:
- Local Authority - Our team prosecutes for Local Authorities on the Western Circuit and in London and have represented those charged with offences as a result of enforcement actions arising from breaches of regulations involving trading standards including the Consumer Protection from Unfair Trading Regulations 2008, planning law and permissions, and conditions imposed under the Highways Act. Members have also experience in advising Members and Officers of Local Authorities who face proceedings in front of either Standards Committees or internal employment tribunals. Our team advises and represents applicants in licensing applications brought under the Licensing Act 2003.
- Environmental Protection - Our team defends and prosecutes in cases involving noise pollution, revocation of waste operator licences, fly tipping and cases of environmental pollution involving hazardous substances. We are able to conduct appeals to the Planning Inspectorate against the revocation of licences.
- Health and Safety - Our team defends and prosecutes in cases involving health and safety brought against individuals and both small and large companies by the Health and Safety Executive. We represent companies, directors, partnerships, the self-employed, the HSE and Local Authorities in the Magistrates' Courts, Crown Courts, Appeal Courts, at Inquests and Tribunals including appeals against improvement and prohibition notices. Members’ expertise covers both fatal and non-fatal accidents including corporate manslaughter, gross negligence manslaughter, breaches of the Health and Safety at Work Act and the full range of workplace regulations.
- Food Hygiene - Our team defends and prosecutes in cases involving breaches of food hygiene.
- Licensing of Private Hire Vehicles and Hackney Carriages - Our team advises on licence applications, compliance with Local Authority regulations, attempts to remove licences and on the validity of policies constraining the number of licence holders.
- Traffic Commissioners - Members of our team have conducted hearings before traffic commissioners regarding the licensing and regulation of those who operate heavy goods vehicles.
- Road Traffic Offences - Members of our team regularly represent those being prosecuted for road traffic offences.
Financial Regulation and Compliance:
- Our team have represented those charged with offences involving breaches of financial services regulations, fraudulent trading, insider dealing, offences contrary to the Insolvency Act 1986, the Company Directors Disqualification Act 1986 and the Consumer Credit Act 2015. We have acted for those facing confiscation of assets in civil proceedings under the Proceeds of Crime Act and advised those prosecuting on whether assets can be seized and restrained.
Coroners’ Courts and Inquiries:
Our team represents concerned families of accident victims, victims of suicides, misadventure and armed forces personnel killed during service. This has includes deaths arising during police operations. Members of our team act for insurance companies in relation to road traffic deaths.
- Coroners’ Courts