Regulatory Investigations
Regulators have significant powers to investigate organisations and individuals, potentially with serious reputational, financial and personal consequences. Any response needs to be based on a robust legal defence strategy.


All UK regulators have statutory powers – most of them wide-ranging – to investigate organisations and individuals. Most regulators can also impose significant penalties while an investigation is still ongoing: for example, failing to comply with a request for information is often a criminal offence with significant financial penalties.

We provide support and advice through all stages of an investigation across multiple sectors, from health and safety to competition to energy. In the event of an investigation without notice (a ‘dawn raid’), we can deploy teams of highly-trained lawyers and IT experts at short notice.

Evolving strategy

The key to effectively managing an investigation is to develop an appropriate and robust strategy. We have an invaluable perspective when doing that, as our team has considerable experience of advising both key regulators in the UK and abroad and acting in investigations for those under investigation. We can use this insight to develop appropriate and fully considered defence strategies.

Specific services include responding to requests for documents/information against the relevant legal framework; managing large document requests via eDiscovery software and developing appropriate search protocols; ensuring that evidence recovery is conducted fairly and lawfully by regulators; and challenging evidence requests, or other procedural requests, that are unfair or disproportionate.

We adjust our approach according to the nature of the investigation. For example, we tailor the document/evidence review processes so that they are efficient and proportionate, and our flexible legal and paralegal teams enable us to provide the necessary level of support in any size of investigation.

Our expertise includes:

  • Advising and developing a focused and robust defence strategy that evolves as the investigation proceeds
  • Representing people during questioning by investigators and prosecutors
  • Rapid response to ‘dawn raid’ investigations
  • Responding to requests for documents or information, including managing large volumes of data
  • Tracking and assessing emerging evidence, and ensuring that it is protected by legal privilege

Kevin Clancy

Partner

Gordon Downie

Partner

Natasha Durkin

Senior Associate

Jamie McRorie

Partner

Kenzie Sharkey

Senior Associate

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Related articles and insights: Regulatory Investigations

11 April 2023

CMA signals more flexibility for sustainability agreements – Further thoughts

Contributor: Gordon Downie

Building on our previous article on the subject, we set out some further reflections on some points the CMA might want to consider in making its proposed draft guidance on sustainability agreements more useable.

10 March 2023

CMA signals more flexibility for sustainability agreements – Back to the Future?

Contributor: Gordon Downie

In this article we reflect on the Competition and Markets Authority's new draft guidance on sustainability agreements, and what this means for industry looking to collaborate to secure environmental benefit without breaching competition law.

19 January 2023

Sustainability and the CMA

Contributor: Joanna Rae

Sustainability has been a prominent topic within competition and consumer law in recent years. The Competition and Markets Authority (CMA) has been at the forefront of promoting and supporting sustainability when developing policy and in the course of its work and projects.

15 December 2022

General Court on ‘Thin Ice’​ with its ISU Ruling, says Advocate General

Contributor: Gordon Downie

The Advocate General has this morning proposed overturning the 2020 ruling of the EU General Court that the International Skating Union's rules on third party organised events amounted to a restriction of competition ‘by object’, but has left open the possibility that the rules might ultimately be found to constitute a restriction of competition ‘by effect’.

22 October 2019

When an inspector calls: ensuring proper compliance in health and safety investigations

Contributor: Kevin Clancy

Employee liability in the course of a regulatory investigation.

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