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06 September 2007 / Khawar Qureshi KC
Issue: 7287 / Categories: Features , Regulatory
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Perilous times

Is the UK/EU approach to corporation regulation too heavy-handed? Khawar Qureshi QC reports

To understand the present approach to corporate regulation in the UK, it is necessary to appreciate the philosophical dilemma presented by the fact that a company is a creature of law, and to hold it liable under criminal law invariably involves blaming an individual or individuals whose conduct is (artificially) imputed to the company.

Hence, recent trends towards placing greater responsibility upon companies by means of legal regulation are designed to “persuade” them to develop practices and due diligence-based systems, which are aimed at making wrong-doing less likely. It is for that reason that companies may, for example, face big penalties vis-à-vis cartel behaviour or corporate manslaughter charges when it is apparent that systems were not in place, were deliberately overridden, or failed to prevent wrongdoing.

Different societies use their own methods to try to ensure that companies operate within the ambit of the rule of law. However, the use of statute to “put down markers”, combined with the activities of

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
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
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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