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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I work in a heavily regulated sector and offer a consultancy

Resolved Question:

I work in a heavily regulated sector and offer a consultancy for regulatory compliance. If I am aware of a company or individual where I feel there is clear breach of the regulations based on information in the public domain, can I approach them in the following way by contacting them and saying words to the effect: "Having audited your literature/website etc I believe you are breaching the regulations and I will be making a complaint to your regulator. Alternatively I can offer a report for a fee of £X to indicate the breaches and I will not proved with complaint as you have shown commitment to identify the breach."
Would this be classed as blackmail? I do not think so as the approach is based on publicly published information where the breach will have been identified.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.,
In order to prove the criminal offence of blackmail it must be shown that the defendant has done the following things:
- That the defendant made a demand
- With menaces
- That the demand was unwarranted
- That the defendant has a view to make a gain for himself or another or have intent to cause a loss to another
Menaces is a strong word which suggests that there must be some high degree of coercion in order to force an individual to undertake a particular course of action.
So on the fact of it, this is not blackmail.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.
Thank you also feel that as the information is publicly published and there is a duty on the party to comply (in law as the regulator is appointed by the government) that the approach would not be categorised as 'unwarranted'.
Customer: replied 2 years ago.
I'm trying to understand what the test is for this phrase 'unwarranted' in practical terms.
Expert:  Ash replied 2 years ago.
Indeed they should comply with the law. If you said if you dont pay me I am going to hit you, that might be different, but you are not. You are simply saying you will comply with the legal obligation to report it.
Does that help?
Customer: replied 2 years ago.
Yes ..super..many thanks!
Expert:  Ash replied 2 years ago.
Good luck.
If this answers your question could I invite you rate my answer before you leave today.
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Customer: replied 2 years ago.
I presume I will get this conversation emailed? It's the first time I have used this site.
Expert:  Ash replied 2 years ago.
It stays in your account, so you can come back to it at any time or print it off.
Does that clarify?
Customer: replied 2 years ago.
Yes thanks again