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Bribery

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The Serious Fraud Office (SFO) has secured a £10m penalty plus £4.8m in costs from manufacturer Ultra Electronics Holdings, under the terms of a deferred prosecution agreement (DPA) for failure to prevent bribery
The senior manager test—as set out in the Crime and Policing Bill—prioritises deterrence over strict legal fairness, writes Tom McNeill
The Crime and Policing Bill could vastly expand corporate criminal liability through its new ‘senior manager test’, warns Tom McNeill of BCL Solicitors in NLJ this week. The sweeping test makes organisations criminally liable for offences committed by senior managers within their authority
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
The ‘failing to prevent’ model of corporate criminal responsibility should be viewed as an opportunity & not a burden, says Jonathan Fisher KC
Johnson v FirstRand Bank signals a return to orthodoxy on fiduciary duties & common law bribery, writes Ceri Morgan
Can anti-bribery & corruption compliance programmes assist corporates with environmental, social & governance risks? Liam Naidoo & Kevin O’Connor consider the evidence
Alan Sheeley, Emilie Jones & offshore specialists from Appleby discuss the key role of third-party disclosure to tackle offshore fraud
Individuals versus corporates: who shoulders the blame in bribery cases? Allison Clare QC examines the ‘adequate procedures’ defence
Who shoulders the blame in bribery cases? Allison Clare QC, of Red Lion Chambers, examines the ‘adequate procedures’ defence―’one of the most vexed questions’―in this week’s NLJ
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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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