header-logo header-logo

Senior manager attribution: a new liability?

20 October 2023 / Michelle de Kluyver , Nichola Peters , Harriet Territt
Issue: 8045 / Categories: Features , Criminal , Profession
printer mail-detail
143305
Michelle de Kluyver, Nichola Peters & Harriet Territt discuss whether the Economic Crime & Corporate Transparency Bill creates a new breed of corporate criminal liability in the UK
  • The introduction of a statutory test for corporate criminal liability is potentially a game-changer; making it easier to prosecute larger businesses in the UK.
  • This article highlights key elements of the proposed law, including its extraterritorial reach, and explores the absence of statutory defences as well as the potential impact on Deferred Prosecution Agreements (DPAs).
  • Business owners, senior managers and legal professionals alike need to understand the implications and consider what measures can be put in place to mitigate potential risks.

One of the most significant changes to the landscape of corporate criminal liability for a generation looks likely if the Economic Crime and Corporate Transparency Bill (the Bill) is passed in either its current or similar form. The Bill makes a significant change to the common law identification doctrine in response to longstanding calls

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
Professor Dominic Regan of City Law School highlights a turbulent end to 2025 in the civil courts, from the looming appeal in Mazur to judicial frustration with ever-expanding bundles, in his final NLJ 'The insider' column of the year
Antonia Glover of Quinn Emanuel outlines sweeping transparency reforms following the work of the Transparency and Open Justice Board in this week's NLJ
back-to-top-scroll