AFB Seminar: Navigating Privilege Issues whilst Conducting Investigations

The use of legal professional privilege (LPP) is important for organisations facing investigations, regulatory scrutiny, or litigation in the UK. It can shield sensitive communications and investigation reports from disclosure to regulators, courts, and adverse parties.

However, for subsidiaries and branches of non-UK headquartered banks, navigating LPP is potentially less straightforward. Given their reliance on head office legal and compliance functions and exposure to multiple regulators across different jurisdictions, these UK subsidiaries and branches face unique challenges.

In this seminar, Browne Jacobson will use a focused case study to help attendees navigate complex privilege issues whilst conducting investigations.

Why attend?

Member bank representatives will gain valuable insight into how to identify and deal with privilege issues in an investigation. The session will focus on privilege issues faced by UK subsidiaries and branches of non-UK headquartered banks.

It will consider the following areas:

• risks, including inadvertent waiver by disclosure to regulators or head office
• the extent to which in-house and foreign qualified lawyers attract LPP under English law
• the question of which head office employees fall within the privileged circle
• the difficulties in establishing privilege over documents generated in the course of an investigation

The session will be structured around an interactive case study, using examples and experiences from the Browne Jacobson team.

Who should attend?

Members from legal and compliance functions.

Speakers

Adam Berry, Partner

Adam is a partner at Browne Jacobson, specialising in financial services investigations. He has over 15 years’ experience – working in private practice, as well as in the Enforcement Division of what is now the Financial Conduct Authority (FCA) and, most recently, in-house at a leading global financial institution.

Adam’s practice consists of defending clients in FCA/Prudential Regulation Authority (PRA) enforcement actions, advising firms in relation to regulatory enquiries, including supervision and authorisation matters, and working on internal investigations. In addition, Adam has considerable experience of working on s.166 Skilled Person reviews – both as a Skilled Person and where clients have been subject to such reviews. Much of Adam’s work consists of conducting investigations on behalf of overseas banks.

Jeremy Irving, Partner

Jeremy is the head of Browne Jacobson’s financial services regulatory practice. His practice consists of advising on prudential (capital) and conduct regulation across a range of sub-sectors including banking, claims management, consumer credit, derivatives, funds, general and life insurance, payment services and electronic money, and securities.

Jeremy primarily focuses on strategic advice for clients’ compliance, legal, risk and sustainability functions in relation to regulators’ BAU and enhanced supervisory activity, such as risk management programmes and s.166 Skilled Person reviews, as well as enforcement activity. Jeremy advises extensively on ESG issues, especially firm culture and governance.

Helen Simm, Partner

Helen is a partner at Browne Jacobson, specialising in financial services regulation and financial crime. She represents corporates and individuals at all stages of regulatory investigation and enforcement. Helen has particular expertise in consumer credit. She advises on compliance and due diligence in relation to anti-money laundering, sanctions and fraud.

Helen has spent her career representing clients being investigated and prosecuted by a range of regulatory and enforcement bodies including the FCA, Serious Fraud Office (SFO), Crown Prosecution Service (CPS), Health and Safety Executive (HSE), and Environment Agency (EA). She is experienced in investigations with a cross-border element. Helen undertakes internal investigations and advises boards on next steps, including voluntary self-reporting.

Please note you will receive confirmation of your booking via email within 24 hours. Should you not receive confirmation, please contact AFB to double-check if your booking was successful.

Logistics

Fee: Included in AFB membership

Location: Browne Jacobson, 6 Bevis Marks, London, EC3A 7BA

Date: Wednesday 17 June 2026

Time: 09:00 – 11:00 (Registration, breakfast, and networking – 08:30 – 09:00)

There will be ample opportunity for questions throughout the session; however, if you would like to submit a question before or have any areas that you would like the session to address, please send them to the AFB at secretariat@foreignbanks.org.uk.

You will receive final event details a week before the event.

Please note that you will only be deemed to have attended (for CPD points) if you have made yourself known at registration and attend 50% or more of the session.