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:
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planning and running investigations;
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data collection, privacy and cross-border challenges;
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forensic technology and AI-assisted document review;
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witness interviews and whistleblower protections;
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written investigation reports; and
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current and emerging enforcement trends.
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