BCL partners Tom McNeill, Richard Reichman, John Binns and Anoushka Warlow share practical guidance with ICLG on managing corporate internal investigations in England and Wales.
Drawing on regulatory guidance, case law and recent enforcement developments, the article explains how organisations can navigate growing criminal and regulatory risk. It highlights why early, well-planned investigations are often crucial to identifying issues, preserving evidence, protecting privilege and engaging effectively with regulators.
The authors also examine the key strategic decision of self-disclosure, including how the Serious Fraud Office approaches cooperation and Deferred Prosecution Agreements under its April 2025 Cooperation Guidance. They explore the timing, format and risks of disclosure, including potential privilege and evidential issues.
The article provides an insight into:
-
planning and running investigations;
-
data collection, privacy and cross-border challenges;
-
forensic technology and AI-assisted document review;
-
witness interviews and whistleblower protections;
-
written investigation reports; and
-
current and emerging enforcement trends.
More like this
Seven BCL Partners Recognised in Who’s Who Legal: Investigations 2024
BCL partners, Shaul Brazil, Ian Burton, Shula de Jersey, Michael Drury, Julian Hayes, Richard Sallybanks, and Harry Travers, have been named as recommended lawyers in the field of criminal
We Need to Talk About Corporate Criminal Liability
The fines of £10m for Transport for London and £4m for Tram Operations Ltd following the Croydon tram tragedy signal a wrong turn in health and safety sentencing, and corporate criminal liability generally
BCL Partners named Thought Leaders in Who’s Who Legal: Global Elite 2024
We are delighted to announce that BCL Partners Shula de Jersey and Richard Sallybanks have been recognised as Thought Leaders in the field of Business Crime Defence in Who’s Who Legal Global Elite 2024.
Webinar: Corporate Investigations – Recent Developments
We are pleased to be teaming up with Mondaq on the 18th May 2023 to host a live webinar discussing the recent developments in corporate investigations and regulatory compliance.
BCL’s John Binns speaks at English Law Day Conference in Istanbul 2023
BCL partner, John Binns will be joining the expert panel of speakers at the English Law Day Conference in Istanbul organised by The Eurasian CIS Legal Professionals’ Forum
BCL partners author the England & Wales chapter of ICLG: Corporate Investigations 2023
BCL partners, Michael Drury, Richard Reichman, and Tom McNeill examine some of the issues in corporate investigations laws and regulations
BCL have been ranked in the GIR 100 2024 guide
We are delighted to have been ranked once again as a leading firm for corporate criminal defence by Global Investigations Review 100 guide 2024.
Independent Review of the Criminal Courts: Comprehensive Proposals for Reform Under Scrutiny
In LexisNexis Corporate Crime's latest article, Partner John Binns and Associate Amelia Clegg explore the comprehensive proposals outlined in Part 1 of the Independent Review of the Criminal Courts, led by Sir Brian Leveson, former President of the Queen’s Bench Division.
Enforcement of Corporate Crime Laws in England & Wales
In this latest insight, BCL’s Michael Drury, Of counsel and Partner Tom McNeill examine the roles of the Serious Fraud Office (SFO), Financial Conduct Authority (FCA), Competition & Markets Authority (CMA), HMRC, Insolvency Service, and the Crown Prosecution Service (CPS).
Senior Manager Test and its Implications
BCL Partner, Tom McNeill, discusses the Crime and Policing Bill 2025, which is set to expand significantly corporate criminal liability with the proposed ‘senior manager test.’
Tom McNeill Warns of Unintended Consequences in the Crime and Policing Bill
In an article for the New Law Journal, BCL partner Tom McNeill warns that the proposed Crime and Policing Bill could significantly expand corporate criminal liability through the introduction of an expanded ‘senior manager test’.
Preparing for the Crime and Policing Act: Key Steps for Businesses
The Crime and Policing Act, in force from the end of June, significantly expands corporate criminal liability in the UK. The legislation broadens the identification doctrine, exposing companies to criminal liability for any offence committed within the actual or apparent scope of a senior manager’s authority.
Corporate Responsibility and Criminal Liability: Where Should the Line Be Drawn?
The Crime and Policing Act 2026 has now received Royal Assent and the controversial provision expanding the ‘senior manager test’ (section 250), which makes organisations criminally liable for any offence committed by a senior manager while acting within the actual or apparent scope of their authority, will come into force on 29 June 2026.