professional regulation an introduction
Professional Regulation A changing landscape
What this means for you
Most professions and industries are regulated by professional standards boards and codes of conduct these days.
If you or your business is faced with an investigation or prosecution by a regulator, it can be a worrying and stressful time. It's essential that you get the best advice and legal representation as soon as possible, to help you to either avoid escalation of potential conflict, or to navigate through proceedings.
Professional regulation is an area that has been changing rapidly in recent years and the constantly evolving law surrounding it is becoming ever more demanding and sophisticated. This complexity is compounded by a significant increase in complaints, with regulatory bodies increasingly willing to bring actions against individual members of their professions and industries, in matters relating to both conduct and fitness to practice.
We are here to assist you from the outset, providing pragmatic, comprehensive legal support throughout the whole process.
Dan Hyde is described “as a lawyer of the highest calibre” and Joel Leigh as “an intuitive solicitor.” Legal 500
Clients describe Ian Ryan as “a brilliant fount of legal knowledge and an excellent communicator.” Chambers UK 2015
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How can we help you? We advise businesses and individuals on all aspects of professional regulation, disciplinary investigation and proceedings - both civil and criminal. We have wide experience advising a variety of corporate entities, banks, hedge funds, independent financial advisors, investment companies, payment services firms and individuals regarding their regulatory responsibilities, on both contentious and noncontentious matters.
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- Financial Conduct Authority - Bar Standards Board, including the Bar Tribunals and Adjudication Service, appeals to the High Court and complaints to the Legal Ombudsman - Solicitors Regulation Authority/Solicitors Disciplinary Tribunal/and appeals to the Administrative Court - Council of Licensed Conveyancers
We can help you to avoid potential conflict escalating, wherever possible. But where this cannot be avoided, we can advise you how to deal with any action being taken against you, under either the civil or criminal law.
- General Medical Council - Food safety, hygiene, measures and environmental nuisance related investigations and prosecutions brought by Local Authorities (Environmental Health and Trading Standards Officers) and the Food Standards Agency
Our team has extensive experience in handling the most complex matters. The breadth and depth of the work which we undertake allows us to offer a one-stop solution to our clients, avoiding the need to retain separate firms to handle different aspects of the matter, and thus minimising damage, delay and disruption to your business and reputation.
- Inquiries and Statutory Reviews into secondary ticket sales and licensing undertaken by the Competition & Markets Authority - Proceedings in both the Magistrates and Crown Court arising from prosecutions brought by Trading Standards
We can assist you in several ways, including: ●
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Dealing with professional regulators and other enforcement agencies Responding to complaints and enquiries from your regulator Negotiating on your behalf and providing all the necessary support during any investigations, including attending interviews with you
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Drafting written submissions on regulatory decisions
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Challenging notices served by your regulator
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Defending you through any regulatory prosecution
Representing you before various tribunals including:
- General Chiropractic Council - Care Quality Commission ●
Providing advocacy and assisting with the preparation and presentation of an appeal
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Certain decisions made by professional regulators do not allow for a right of appeal. In these circumstances we can prepare and bring a claim for Judicial Review on your behalf.
Throughout the process, we will help you to get on with your life and your business whilst matters proceed.
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Professional Regulation Team
Ian Ryan Partner: Head of Business Crime and Regulatory T: +44 (0)20 3755 5691 E: ian.ryan@howardkennedy.com
Dan Hyde Partner T: +44 (0)20 3755 5524 E: dan.hyde@howardkennedy.com
Joel Leigh Partner T: +44 (0)20 3755 5565 E: joel.leigh@howardkennedy.com
John Martyn Associate T: +44 (0)20 3755 5593 E: john.martyn@howardkennedy.com
Geoff Summers Solicitor T: +44 (0)20 3755 5733 E: geoff.summers@howardkennedy.com
Melanie Zwennes Paralegal T: +44 (0)20 3755 5716 E: melanie.zwennes@howardkennedy.com
No.1 London Bridge London SE1 9BG DX 144370 Southwark 4 Tel: +44 (0)20 3755 6000 Fax: +44 (0)20 3650 7000 www.howardkennedy.com