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No more Mr Nice Guy

05 February 2016 / Rosie Nelson , Emma Davies
Issue: 7685 / Categories: Features , Regulatory
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Sentencing of very large organisations: Emma Davies & Rosie Nelson report

The common theme running through the recent changes to legislation and guidelines on sentencing is that big businesses must step up their efforts to improve their regulatory compliance—or pay the hefty price.

In the past, less serious regulatory offences were tried in the magistrates’ courts, where the cap on fines at £20,000 proved to be a mere slap on the wrists for big businesses. But the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) now gives magistrates powers to issue unlimited fines. This alone should be sufficient to strike fear into the hearts of large organisations with poor track records for regulatory compliance.

In relation to environmental offences, the recent Court of Appeal case, R v Thames Water Utilities Ltd [2015] EWCA Crim 960, [2015] All ER (D) 31 (Jun), demonstrates the new, tougher sentencing that judges are willing to impose. In this case, the court at first instance found Thames Water to have been negligent in its failure to replace

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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