Investigations & Inquiries

We understand how challenging investigations can be for clients, how disruptive they can be to their businesses and the consequences that can flow from them.

They can affect organisations of all types, in any sector. Whatever the nature, size or stage of the investigation, whether internal or external, whether in the UK or internationally, we can help.  We also support clients where they become involved in a public inquiry either as a core participant or a key witness to ensure their interests are protected.

Our investigations and inquiries team works with clients to protect and defend their interests. We can help to minimise the risk of investigations – providing comprehensive ethical and compliance guidance and, if investigations are required, advise clients on what they need to do. We can respond quickly when things have gone wrong and, if necessary, we will vigorously defend our clients’ interests.  

Burness Paull’s cross-practice investigations and inquiries team has wide-ranging experience across numerous practice areas, including corporate and financial crime, sanctions and export control, health and safety, competition and anti-trust, financial regulatory, procurement, governance, environmental, employment and discrimination, tax, cyber security and data privacy.

We have first hand experience of dealing with a wide range of regulators, prosecuting authorities, semi-regulatory bodies, professional regulatory bodies and public inquiries. Our team understands the powers held by regulators and prosecutors, how they operate and how to handle them.  We are well-versed in how public inquiries operate and use our experience both in representing core participants and material witnesses and in acting as external solicitors to an Inquiry to ensure our clients receive the best possible support. 

We know how to conduct investigations sensitively and holistically, ensuring that the client’s legal, commercial, ethical and reputational interests (and/or those of its individual managers) are protected at every stage. We are also experienced at working alongside third parties providing specialist services, including counsel teams, forensic accountants, market analysts and cyber security teams.

Our employment team has seen a surge in requests for support on workplace and cultural issues – often involving whistleblowing and alleged discriminatory behaviour including sexual harassment. We are exceptionally well placed to conduct truly independent investigations to support organisations with a robust and compliant response to such allegations. 

Clients can rely on us to provide a proactive and responsive service with the guarantee of practical and sensitive advice at every stage of investigations and inquiries.

If your organisation is facing an investigation or you want to find out how to minimise the risk of one taking place, get in touch with our team who can help.

Key Contacts

Prevent

We can assist clients in putting systems and processes in place to reduce the risk of investigations occurring and in understanding how to deal with them effectively if they do occur:

• Developing and implementing appropriate and effective policies and procedures to ensure compliance and manage any potential exposure
• Remedying failings or risks identified in ethics policies and compliance or governance structures
• Preparing businesses to respond to crises or potential threats, including through mock investigations and dawn raids

Areas of Expertise

Investigate

We are on hand to provide support when concerns or allegations are raised, or when things go wrong. Whether a catastrophic incident, suspected misconduct or breach, or an approach by a regulator, we:

• Provide immediate on-hand advice and assistance through our established Crisis Response Services
• Advise on reporting obligations to regulators and authorities
• Advise on how to engage with any Inquiry, including the provision of documents, written evidence and oral evidence
• Conduct investigations on behalf of clients or support their internal investigations
• Advise on preserving privilege and confidentiality
• Gather, manage and analyse evidence
• Co-ordinate third party experts
• Recommend appropriate actions, including engagement with wider customers and stakeholders, and employment steps

Address

We will assess and address the relevant issues and work to limit our client’s exposure. We advise clients in:

• Engaging with regulators, authorities and Inquiry teams
• Defending enforcement action, including prosecution and civil claims
• Managing commercial or reputational risks
• Devising and implementing remedial actions

Whistleblowing

Advising a global listed energy client in respect of a highly sensitive investigation into allegations made against board members by a whistleblower which if proven could have amounted to fraud. Following a careful and thorough investigation the allegations were found to have no merit and a mutually satisfactory settlement was reached.

Health & Safety

Advising an international energy operator in relation to an investigation by the UK HSE in relation to disturbance of asbestos and potential exposure to workers and others which resulted in an enforcement process.

Competition & Antitrust

Advising a client in relation to an investigation by the CMA into suspected anti-competitive behaviour concerning the price at which replica football kit was sold in the UK, which resulted in an enforcement process.

Work Highlights

Fraud

Advising on a cross-border multi-jurisdictional workplace investigation relating to alleged fraud and unlawful practices by board members of a listed company.

Criminal investigation

Advising a major UK care and housing provider in response to a fatality related to choking, including managing regulatory oversight, a police investigation, dealing with vulnerable witnesses and reputation management. The police investigation was successfully concluded with the deaths confirmed as accidental and without any enforcement or penalty.

Cyber security

Advising a major UK automotive business in managing a significant cyber attack, as well as handling claims from data subjects, regulatory oversight and reputation management.  The ensuing ICO investigation was successfully resolved without any enforcement or penalty.

People & Culture

Carrying out an investigation for a global US listed company into matters which had been raised by a former employee in relation to her employment and the working environment more generally. This was a highly sensitive and complex matter which involved an extensive investigation with multiple witnesses and required various findings in fact.

Business crime

Advising a Scottish based global supplier investigating suspicious conduct (bribery) involving employees and third parties including considering the extent of any non-compliant conduct and potential for criminal and civil liability as well as requirements to report. 

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