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expertise: Investigations

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We are delighted to share Episode 21 of The Lawdown, our regular podcast discussing the latest key employment, discrimination and partnership law-related news stories, and the interesting legal issues behind them!

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The recent decision by the Solicitors Regulation Authority to abandon the re-hearing of its prosecution of Claire Matthews, a junior solicitor struck off the Roll by the Solicitors Disciplinary Tribunal in 2020 for acting dishonestly, has been widely welcomed by the legal profession.  In this news alert, senior associate Louise O’Connor and partner Andrew Pavlovic consider the potential implications of the decision for junior solicitors and firms moving forward.

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In this series of news alerts, our regulatory and professional discipline partner, Andrew Pavlovic, identifies three key regulatory trends which firms and solicitors need to be aware of in 2022.  In this first alert, Andrew considers the extent to which the SRA is continuing to investigate personal misconduct following the High Court Judgment in Beckwith at the end of 2020.

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The recent decision of the Solicitors Disciplinary Tribunal to dismiss a claim for costs by a successful respondent has sparked a renewed discussion as to whether the ‘starting point’ that the SRA should not be ordered to pay the costs of a failed prosecution remains justifiable. 

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11KBW-CM Murray

In this final session of the conference, the panel discussed managing data protection during investigations and enquiries, in particular: Establishing what data will be captured as part of the investigation, how it will be managed and who will be the information controller(s) Practical issues such as evidence collection and handling witnesses Whistleblowing and data protection rights Minimising the […]

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11KBW-CM Murray

In this session, Wonu Sanda, Senior Associate at CM Murray LLP and Patrick Halliday, Barrister at 11KBW, discussed some of the key and knotty legal and practical issues that arise in relation to understanding privilege in the context of investigations, including: what legal professional privilege is and how it might arise in the context of […]

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11KBW-CM Murray

This session gave real insight into the anatomy and practicalities  of a criminal and regulatory investigation, with the panel sharing what they had learnt from their direct experiences on the ‘front line’. Our speakers also discussed what the participants of an investigation (the employer, complainant and the accused) should consider from an employment, regulatory and […]

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11KBW-CM Murray

Kathleen Heycock, Partner at Farrer & Co, and Robert Lewis, Managing Associate at Mishcon de Reya, provided tips, best practice and pitfalls to avoid in communicating with participants through the journey of an investigation. The panel discussed communications with complainants, subjects of investigations and witnesses, dealing with issues such as requests for anonymity, confidentiality, the […]

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11KBW-CM Murray

Emma Bartlett, CM Murray LLP, and Clive Sheldon QC, 11KBW, discussed the importance of establishing clear terms of reference at the start of an enquiry, tips and best practice throughout the investigations process as whole, as well as outlining the types of investigations, both private and independent, they have been involved in over the last […]

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11KBW-CM Murray

This session focused on the issues that arise for people who are the subject of investigations, including legal, media and PR strategies, and the psychological impact of investigations as well as how to manage an investigation and provide support to its participants. Panellists: Elizabeth Prochaska, 11KBW (Chair) Merrill April, CM Murray LLP Gus Sellitto, Byfield […]

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