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Ash
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?
Alex
Customer: replied 2 years ago.
Thank you..do 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?
Alex
Customer: replied 2 years ago.
Yes ..super..many thanks!
Expert:  Ash replied 2 years ago.
Good luck.
Alex
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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?
Alex
Customer: replied 2 years ago.
Yes thanks again