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Senior manager attribution: a new liability?

20 October 2023 / Michelle de Kluyver , Nichola Peters , Harriet Territt
Issue: 8045 / Categories: Features , Criminal , Profession
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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

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MOVERS & SHAKERS

Muckle LLP—Rachael Chapman

Muckle LLP—Rachael Chapman

Sports, education and charities practice welcomes senior associate

Ellisons—Carla Jones

Ellisons—Carla Jones

Partner and head of commercial litigation joins in Chelmsford

Freeths—Louise Mahon

Freeths—Louise Mahon

Firm strengthens Glasgow corporate practice with partner hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
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
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