header-logo header-logo

Be careful what you wish for

15 April 2011 / Monty Raphael KC
Issue: 7461 + 7462 / Categories: Opinion , Bribery
printer mail-detail

To corrupt a slogan of the 1970s: has it taken the waiting out of wanting? We have waited 105 years, so is it what we wanted...

Will the new Bribery Act end up pleasing none of the people, none of the time, asks Monty Raphael QC

To corrupt a slogan of the 1970s: has it taken the waiting out of wanting? We have waited 105 years, so is it what we wanted? First, who is the “we” and did “we” all want the same thing?

First and foremost, the Bribery Act 2010 is a piece of domestic legislation. It sweeps away all our previous law on the subject, or it will, for conduct occurring after it comes into force on 1 July. It does away with the distinction between public and private bribery, while introducing an offence of bribing a foreign public official. This will extinguish one of the criticisms of the Bribery Working Group of the OECD. 

It also originates an offence for commercial organisations of failing

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery
The boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
Reflecting on personal experience, Professor Graham Zellick KC, Senior Master of the Bench and former Reader of the Middle Temple, questions the unchecked power of parliamentary privilege
Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
James Grice, head of innovation and AI at Lawfront, explores how artificial intelligence is transforming the legal sector
back-to-top-scroll