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28 April 2023
Issue: 8022 / Categories: Legal News , Fraud , Criminal , Governance
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NLJ this week: Planning for corporates ahead of ‘failure to prevent’

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The ‘failure to prevent’ fraud offence, now confirmed by the government, is big news for corporates. 

As Abigail Rushton and Rhys Novak write in this week’s NLJ, prosecutors will only have to show a lack of reasonable procedures in place to prevent the offences in order to secure a conviction.

Rushton and Novak, both of Charles Russell Speechlys, look at the shape, scope and form the proposed offence is likely to take, and set out the steps corporate bodies should be taking now to prepare for the Bill’s entry into force. After all, as they write, the Bill ‘is set to be one of the biggest changes to laws tackling economic crime in over a decade’.

They offer advice for corporate bodies, for example, ‘The government’s intention is that the new offence will drive cultural change within organisations and prevent them being able to look the other way if an offence is uncovered. With that in mind, corporates should review, in particular, their internal reporting and whistleblower policies.’ 

Find more practical tips on how to prepare here.

Issue: 8022 / Categories: Legal News , Fraud , Criminal , Governance
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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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