Business & Regulatory Defence
Business Defence & Regulatory Prosecutions and Enforcement
Kings Solicitors are experts in helping to defend individuals and their business in a wide range of investigations and prosecutions by statutory Regulatory bodies.
Kings Solicitors can advise in cases involving allegations of business fraud. These prosecutions are usually led by the police, CPS, H M Revenue & Customs or the Department of Business Innovations & Skills.
We offer a comprehensive service defending individuals and businesses who are investigated by Regulators. Kings Solicitors will attend interviews with the Regulating authorities. These interviews are usually arranged by letter, and we can attend with you. Our advice can be invaluable in determining the future conduct of the case.
Kings Solicitors can advise you in the most difficult of situations. The individual or director can be called to give evidence at an Inquest. We can skilfully lead you through the process and advise whether or not you should make a statement and furthermore protect your position.
If you or your business are facing prosecution or enforcement by a regulatory body. Kings Solicitors offer a complete regulatory defence service to you and your business against enforcement and can limit the damage to your business reputation.
Why do regulations exist in business?
Regulations exist to provide an ethical framework for businesses to ensure that minimum standards are met.
In order to enforce regulations, the government has appointed a number of regulatory bodies to promote good practice across a particular industry.
What is a regulatory offence?
Failure to comply with government regulations results in a regulatory offence. Regulatory offences tend to be acts of professional negligence, as they usually involve a party failing to comply with the legal standards in a particular industry or sector.
A regulatory breach may potentially impact the public as a consumer or health and safety of the public.
What is the penalty for failing to comply with regulations?
Each Regulator has its penalty regime and will depend on the severity of the breach and whether it can be remedied by an undertaking or for more serious breaches a prosecution or fine may be inevitable.
How do I respond to a Regulatory investigation or Prosecution?
At Kings Solicitors, we are experts in regulatory law. We understand the demands of regulatory bodies and are exceptionally experienced at defending businesses and individuals leading to successful outcomes of regulatory interventions including investigations and prosecutions.
It is all ways in a business’s best interest to limit the Regulatory Authorities intervention and close the investigations at early stage so no further Regulatory action is taken or reach a mutually acceptable compromise to conclude matters including providing undertakings where appropriate.
Kings Solicitors are exceptionally experienced to act on your behalf to reduce your businesses risk and exposure to a continuing investigation which may be damaging to your business with the adverse publicity a Regulatory intervention can attract or at worst lead to a prosecution.
What can Kings Solicitors do for my Business if it is subject to Regulatory Action?
Kings Solicitors will immediately contact the Regulator and put them on notice that we are instructed, and this is likely to ease tensions and provide an opportunity to open up negotiations to identify the issues and risks and how best to address the areas of concerns.
This timely contact by Kings Solicitors will prove to the Regulator that you are taking their intervention and action seriously and are taking independent legal advice which will inevitably take the heat out of the immediate action and potentially prevent further action being taken.
We are experienced and recognise the importance of dialogue and constructive engagement with Regulators.
Kings Solicitors can negotiate an early settlement with the Regulator with a minimal disruption to your business.
What happens if matters cannot be resolved?
If the matter cannot be resolved by dialogue and negotiations, our expert regulatory solicitors will represent you at a formal interview, under caution, under the Police and Criminal Evidence Act 1984 (PACE) and in any criminal proceedings which are brought.
Kings Solicitors will also advise on any related legal proceedings such as High Court action for enforcement Orders to comply or civil claims for compensation or at an inquest in the coroner’s court.
We can make representations and defend any court proceedings (including appealing enforcement decisions and Notices).
Can I prevent Regulatory action?
Kings Solicitors can provide a health check to ensure you are not in breach of your Regulatory obligations and your Terms and Conditions meet the legal and statutory requirements and that your business is run in a Regulatory compliant manner.
How much will it cost?
No business wants to spend more money than they need to, but a Regulatory intervention or action can risk the survival of a business or spell the end of the business.
Kings Solicitors firmly believe that we provide value for money in the provision of its advice.
The initial consultation is free of charge, following which you can determine if Kings Solicitors advice and expertise can assist you and provide you with value for money.
List of Common Regulators
- The Health & Safety Executive (HSE)
- The Environment Agency (EA)
- Local Authority Environmental Health Officers (EHOs)
- Food Standards Agency
- Fire & Rescue Service
- Waste offences
- Trading Standards
- Competition and Markets Authority