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Positive steps

04 June 2009 / Andrew Berkeley , Justin Michaelson
Issue: 7372 / Categories: Features , Commercial
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The draft Bribery Bill is a step in the right direction, say Justin Michaelson & Andrew Berkeley

The boundary edges of good business are sometimes blurred in the name of competitive advantage and it is not right, nor is it fair, for one business to be favoured over another simply because that business paid a bribe. The draft Bribery Bill, which arose out of a lengthy consultation process involving a full report by the Law Commission (Reforming Bribery) is a positive step to improve public trust in international business and seek to maintain a level playing field in the international marketplace. But a level playing field works both ways.

As far as the UK is concerned, the government hopes to tighten up the regime with the new Bribery Bill. The US has led the way for decades, with the Foreign Corrupt Practices Act 1977 (FCPA), and later the international community with the Organisation for Economic Co-operation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials (the Convention).

The UK is in

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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
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