Emma is a Solicitor in the Regulatory team.
She advises a diverse range of clients in a variety of industries on Regulatory investigations and prosecutions and at inquest proceedings. Emma regularly assists with investigations, including undertaking internal investigations protected by legal professional privilege, appealing enforcement notices, challenging fees for intervention, preparing submissions in lieu if attending interviews under cautions, and representing/defending prosecutions in the magistrates’, crown and coroners’ courts.
Emma also provides proactive bespoke advice, ranging from the drafting of policies to the supporting of corporate and residential property transactions.
The complex and wide-ranging issues Emma advises on include health and safety, environmental, fire safety, statutory nuisance, private drainage, healthcare, data protection and freedom of information (FOI)/subject access requests (SAR).
Emma acts for companies, directors and individuals alike, in both privately funded and insurer funded matters, primarily defending both pre and post-charge. Emma advises and assists throughout enforcement and prosecutions by against the following regulators:
- Health and Safety Executive (HSE)
- Environment Agency (EA)
- Local Authorities
- The Fire Service
- Care Quality Commission (CQC)
- Information Commissioner’s Office (ICO)
- The Police
- The Solicitors Regulatory Authority
- The Traffic Commissioner
With regards to health and safety, Emma has experience of dealing with matters involving accidents at work resulting in serious injury or death, involving working at height, moving machinery, guarding and exposure to hazardous substances including wood dust and asbestos in a vast range of industries
With regard to environmental, Emma has experience of advising on waste management (including duty of care and environmental permits), septic tanks/the general binding rules and statutory noise nuisance. Emma has represented waste companies who produce, handle, or manage controlled waste, supporting them in ensuring compliance with their permits and in dealings with the EA.
Examples of how Emma supports clients include:
- Advising clients on legal professional privilege and disclosure of documents to enforcing authorities.
- Representing a company in criminal proceedings for environmental offence including failure to take reasonable measures to prevent others from breaching environmental permit conditions.
- Advising clients on private drainage in property transactions which involve septic tanks or sewage treatment plants, specifically in relation to the application of the General Binding Rules including drafting bespoke indemnities.
- Preparing written submissions in lieu of Police and Criminal Evidence Act (PACE) interview following an accident on a construction site resulting in a fatality.
- Advising and representing clients in confiscation and Proceeds of Crime Act 2002 proceedings.
- Representing clients in relation to breaches of Sections 2 and 4 of the Health and Safety at Work Act following including in relation to:
- Control of Substances Hazardous to Health Regulations 2002
- Management of Health and Safety at Work Regulations 1999
- Provision and Use of Work Equipment Regulations 1998.
Including advising and representing a company pre and post charge following an accident involving one of their employees which resulted in an amputation:
- Advising and representing a client in an appeal of a statutory nuisance abatement notice.
- Representing companies and individuals at inquest proceedings before the coroner’s court.
- Advising on issues in relation discrimination in goods and services, including producing bespoke policies and procedures for their business.