Professional disciplinary and regulatory

Corker Binning has in-depth experience of acting for organisations and individuals in professional disciplinary and regulatory investigations. We advise the organisations or individuals being investigated, as well as those being treated as witnesses by the regulator.

Some of the professional disciplinary and regulatory bodies we frequently come up against, on behalf of our clients, include:

• The Accountancy and Actuarial Discipline Board (AADB)
• The Bar Standards Board (BSB)
• The Environment Agency (EA)
• The Financial Services Authority (FSA)
• The General Dental Council (GDC)
• The General Medical Council (GMC)
• The Health and Safety Executive (HSE)
• The Independent Police Complaints Commission (IPCC)
• The Nursing and Midwifery Council (NMC)
• The Security Industry Authority (SIA)
• The Solicitors Regulation Authority (SRA)
• Trading Standards (TS)

Professional disciplinary or regulatory proceedings can cause irreparable damage to the reputations of organisations and individuals. The negative publicity associated with an investigation can itself destroy careers. The sanctions available to the UK’s various regulatory bodies are wide-ranging and include financial penalties, temporary or permanent suspension from practice and, in some cases, a prohibition on tendering for Government contracts.

Achieving the most favourable outcome to a professional disciplinary or regulatory investigation, and seeking to avoid the most damaging consequences, depends on taking expert legal advice at the earliest opportunity. At Corker Binning we have practical experience of negotiating with regulators to achieve solutions which are realistic and which are in the best interests of our clients and their business objectives. Depending on the case, we can advise on drafting written representations, how to answer questions in any interview, the impact of the investigation on an individual’s employment status and an effective media strategy designed to reduce negative publicity.

Our acknowledged expertise in fraud and general criminal work means that we are able to develop a strategy which reduces the risk of a potential criminal investigation arising. The Regulatory Enforcement and Sanctions Act 2008 provides that, in many instances, regulators must now publish guidance and offer greater transparency to those working in regulated areas. We have experience of using these laws in order to persuade regulators to adopt less punitive measures and pursue one of the new civil financial penalties which the Act creates.

Some of our recent work in professional disciplinary and regulatory investigations includes advising:

• an individual in the Regulatory Decisions Committee and the Upper Tribunal (Tax and Chancery Chamber) of the FSA in proceedings alleging breaches of investment restrictions and market manipulation arising from the management of a £35m hedge fund
• a group of recycling companies regarding potential regulatory proceedings brought by the EA for alleged breaches of waste management regulations created under the Environment Act
• a number of solicitors in proceedings before the SRA who also face parallel criminal investigations or prosecutions for mortgage fraud.

For more information on how we can help you, please call 0207 353 6000.