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

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Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

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NLJ this week: Renters’ Rights revolution begins—brace for tribunal chaos

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

NLJ this week: Civil procedure gets a spring overhaul

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation

NLJ this week: Why GP complaints are going nowhere

Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group

NLJ this week: Prenups meet a jurisdictional brick wall

A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision

NLJ this week: Has Rylands v Fletcher come back from the dead?

An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading

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Bribery

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Ampa Group—Kamal Chauhan

Blake Morgan—four promotions