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15 August 2019 / John Bowers KC
Issue: 7853 / Categories: Features , Employment
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External investigations

John Bowers QC sets out some ground rules for conducting a successful investigation

  • Clarify precisely the scope of the investigation you are undertaking before you start it.

Many lawyers are being asked to lead investigations into employment issues, often of sexual harassment allegations. These investigations, of course, come in all shapes and sizes and raise very different issues. I concentrate here on employment investigations but even they may involve regulatory or governance issues as well as strict employment points. A later article will deal with privilege issues.

Sometimes it will be a lawyer alone investigating, at other times (s)he will be assisted by others. Some will be formal, others informal. Some will be public sector, others private. Some may be provided for by statute, such as designated independent person investigations which used to be required before senior council officers were suspended or dismissed in England and Wales and now survive only in the latter. Most will be set up in an ad hoc manner. In some cases there will be recognised parties (the complainant

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The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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