header-logo header-logo

NLJ this week: Senior managers & the ‘new breed’ of corporate criminal liability

20 October 2023
Issue: 8045 / Categories: Legal News , Profession
printer mail-detail
143305
This week, Michell de Kluyver, Nichola Peters & Harriet Territt, global investigations practice, Addleshaw Goddard, look at the potential introduction of ‘senior manager attribution liability’. As the authors explain, this is a ‘new breed’ of corporate criminal liability, and a definite ‘game changer’

‘Senior manager attribution liability’ would be introduced under the Economic Crime and Corporate Transparency Bill, if it becomes law in its current form. The bill places the identification doctrine on a statutory footing as well as extending it to bring the conduct of senior management within scope.

The authors explain key elements of the proposed law, including its extraterritorial reach and the absence of statutory defences, as well as the potential impact on deferred prosecution agreements.

They advise business owners, senior managers and legal professionals to make sure they understand the implications of the new law and consider how best to mitigate potential risks. 

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