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Bribery

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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

Eoin O’Shea reflects on the significance of the House of Lords’ recommendations in relation to taking bribery prevention to the next level

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MOVERS & SHAKERS

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

Kingsley Napley—Tim Lowles

Kingsley Napley—Tim Lowles

Sports disputes practice launchedwith partner appointment

mfg Solicitors—Tom Evans

mfg Solicitors—Tom Evans

Tax and succession planning offering expands with returning partner

NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
Can a chief constable be held responsible for disobedient officers? Writing in NLJ this week, Neil Parpworth, professor of public law at De Montfort University, examines a Court of Appeal ruling that answers firmly: yes
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
The Ministry of Justice is once again in the dock as access to justice continues to deteriorate. NLJ consultant editor David Greene warns in this week's issue that neither public legal aid nor private litigation funding looks set for a revival in 2026
Civil justice lurches onward with characteristic eccentricity. In his latest Civil Way column, Stephen Gold, NLJ columnist, surveys a procedural landscape featuring 19-page bundle rules, digital possession claims, and rent laws he labels ‘bonkers’
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