Business Defence & Regulatory Prosecutions and Enforcement

If you or your business are facing prosecution or enforcement by a regulatory body, our Kent based regulatory lawyers can help.  We offer a complete regulatory defence service to you and your business against enforcement by the numerous agencies with powers to prosecute such as:-

The Health & Safety Executive (HSE)
The Environment Agency (EA)
Local Authority Environmental Health Officers (EHOs)
Food Standards Agency
Fire & Rescue Service
Trading Standards

We recognise the importance of dialogue and constructive engagement with regulators and enforcers. 

We understand how it is essential for businesses to preserve their working relationships with the bodies that regulate their businesses.  However we will work with our clients and – where appropriate – carefully chosen consultancies, experts and Counsel to present our clients’ case to the best possible advantage at every stage, whether that be in the crucial early stages of an investigation, in response to a request or a formal interview under caution, in the making of representations and in defending any court proceedings (including appealing enforcement decisions and Notices). 

If the matter cannot be resolved by dialogue and negotiations, our Kent based 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. We can also advise on any related legal proceedings such as civil claims for compensation or at an inquest in the coroner’s court.

There are numerous areas of regulatory enforcement which may affect you and your business.  Areas of enforcement action where we can represent you and your business include:

Health & Safety law

John Roberts and Andrew Clarke are our health & safety specialist lawyers and feature in the current Legal 500.  We assist businesses and individuals across all industry sectors on a range of health & safety legal issues.

What we do

If your organisation faces investigation by the Health and Safety Executive (HSE) or other enforcer, our Kent based health & safety lawyers can help with:

• What to do after an accident
• Dealings with the Health and Safety Executive (HSE) or other enforcer.
• Responding to formal Notices and Warnings.
• Representation at an interview under caution.
• Dealing with claims and litigation against your organisation.
• Representation in the criminal courts and at inquests.

We help with incidents large and small, whether a person is injured or not.

Serious incidents and Fatalities – With you from the start

After a serious incident the HSE will investigate your business and individuals within it.  Inspectors will normally interview witnesses, seize documents, require information and request formal interviews under caution. They may also issue Improvement or Prohibition Notices.  Corporate manslaughter may be under consideration. Police can take the lead in the investigation and may choose to interview key managers/directors under caution – on day one.

Caught up in the trauma of the incident, businesses may not realise the legal process of prosecution has already begun. However getting legal help and making the right decisions in the early stages can make all the difference to the final outcome. Here are some that we assist with:

• Do you have to hand over your accident investigation to the inspector?
• The inspector will be talking to shocked and aggrieved colleagues and family members.  Should you be putting your side of the story?
• The inspector will be talking to other organisations who may have played a part in the accident, for example other contractors on site.  What are they saying?  Should you be responding?
• Are you being asked to attend a tape recorded interview? Should you try and get more time?
• Should Notices be appealed?
• Are you putting all the necessary remedial measures in place? Do you need to bring in a consultancy to help you with this? There may be valuable mitigation if you have promptly put things right and show lessons have been learned.
• How are you dealing with those directly involved? Are you making the right HR decisions?

We believe the right advice from the start pays dividends.

If you are facing a possible investigation or enforcement please phone direct to John Roberts on 01622 689740 or Andrew Clarke on 01622 689733 for a free no obligation discussion.

Compliance and training

We can help with the health & safety issues facing your business such as:

• Reducing and avoiding claims.
• Health & safety compliance.
• Health & safety aspects of commercial transactions such as company acquisitions and commercial agreements.
• Responding to Notices and Warnings.

We regularly provide presentations and training to businesses to help raise health & safety awareness both in the boardroom and on the shop floor.

If you have a health & safety compliance issue or would like to discuss topics for a possible talk or training please call or email Andrew Clarke a.clarke@gullands.com for a free no obligation discussion.
 

Environmental Law

Prosecutions are brought by the Environment Agency and Local Authorities both in relation to environmental incidents or failure to comply with complex waste or permitting regulations.  Enforcement action may be brought under a number of statues and regulations such as:-

Environmental Protection Act 1990
Environmental Permitting (England & Wales) Regulations 2010.

Commonly prosecuted offences are for unlawful discharges of pollutants into rivers and streams, failures to comply with the duty of care for waste by sending waste to unlicensed sites or using hauliers who are not appropriately registered as waste carriers and packaging waste offences.

New guidance on the sentencing of environmental offences came into effect on 1st July 2014 and heavier fines are being seen against larger corporate defendants.

The Environment Agency will often seek a confiscation order under the Proceeds of Crime Act 2002 where an offender has profited through non-compliance with environmental legislation.  The combined fine, confiscation order and legal costs in an environmental prosecution can be very substantial indeed.

Food Law

New sentencing guidelines are coming into force for food safety and food hygiene offences.

A food safety incident can have devastating consequences.  For example Pub firm Mitchells & Butlers was fined £1,500,000 after a customer died and 32 others suffered food poisoning arising from a Christmas lunch in 2012.  The pub chef and manager were also jailed for fabricating food safety records relating to the cooking of turkey meat.

Food offences can be prosecuted under the following legislation and regulations:-

Food Safety and Hygiene (Regulations) 2013
Food Safety Act 1990

Fire Safety

Fire enforcement is undertaken by the fire and rescue authority for the relevant premises and prosecutions are brought under the Regulatory Reform (Fire Safety) Order 2005.  The fire enforcing authority can also serve Enforcement and/or Prohibition Notices.  Also under Article 42 of the Order a fire authority is obliged to inform a licensing authority of any enforcement action which it takes.  Therefore any enforcement action has the potential to jeopardise a premises licence – potentially putting the licence holder out of business.

Waste offences

In this heavily regulated industry key legislation applicable to waste regulation is:-

Environmental Protection Act 1990
Environmental Permitting (England & Wales) Regulations 2010

There is also a special regime for hazardous waste governed by the Hazardous Waste (England & Wales) Regulations 2005 and the List of Wastes (England) Regulations 2005.
 

Licensing

Leroy Bradley provides specialist licensing advice.