Bribery

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The senior manager test—as set out in the Crime and Policing Bill—prioritises deterrence over strict legal fairness, writes Tom McNeill

The Crime and Policing Bill could vastly expand corporate criminal liability through its new ‘senior manager test’, warns Tom McNeill of BCL Solicitors in NLJ this week. The sweeping test makes organisations criminally liable for offences committed by senior managers within their authority

Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted

The ‘failing to prevent’ model of corporate criminal responsibility should be viewed as an opportunity & not a burden, says Jonathan Fisher KC

Johnson v FirstRand Bank signals a return to orthodoxy on fiduciary duties & common law bribery, writes Ceri Morgan

Can anti-bribery & corruption compliance programmes assist corporates with environmental, social & governance risks? Liam Naidoo & Kevin O’Connor consider the evidence

Alan Sheeley, Emilie Jones & offshore specialists from Appleby discuss the key role of third-party disclosure to tackle offshore fraud

Individuals versus corporates: who shoulders the blame in bribery cases? Allison Clare QC examines the ‘adequate procedures’ defence

Who shoulders the blame in bribery cases? Allison Clare QC, of Red Lion Chambers, examines the ‘adequate procedures’ defence―’one of the most vexed questions’―in this week’s NLJ

Eoin O’Shea reflects on the significance of the House of Lords’ recommendations in relation to taking bribery prevention to the next level

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MOVERS & SHAKERS

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Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS

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Conveyancers celebrate U-turn over mortgage handbook fee

Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook

Are you suited to a career in prosecution?

The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors

LSB marks Mazur homework

Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)

NLJ this week: Stuck in the past?

The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness

NLJ this week: No automatic bar on ‘user damages’

A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law

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Bribery

MOVERS & SHAKERS

Freeths—Ruth Clare

Farrer & Co—Claire Gordon

mfg Solicitors—Neil Harrison