News & Insights

Cognitive Bias and Defending Health and Safety Investigations

Much is now understood about cognitive bias and the implications for decision-making. Unfortunately, that understanding is rarely applied in the criminal justice process. The Health and Safety Executive (‘HSE’) is more advanced than some investigating authorities in that it recognises and even provides some limited guidance on the issue. Their guidance ‘Investigating accidents and incidents’ (aimed principally at organisations but also reflective of HSE practices) provides: “The investigation should be thorough and structured to avoid bias and leaping to conclusions. Don’t assume you know the answer and start finding solutions before you complete the investigation. A good investigation involves a systematic and structured approach.”

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Time is of the Essence as the FCA extends terms for loan restructuring

As part of its response to the Coronavirus (COVID-19) pandemic, the FCA announced finalised guidance designed to support consumers facing financial hardship and struggling to repay loans. In favour of consumers, lender firms are instructed to avoid repossession up to 1 April 2021 and consider payment holidays exposing lender firms who fail to adhere to enforcement action.

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