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21 May 2010 / Alex H Rene , Lista M Cannon
Issue: 7418 / Categories: Features , Commercial
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21st century challenge

Lista M Cannon & Alex H Rene assess compliance confrontations in the wake of the new Bribery Act

The Bribery Act 2010 received Royal Assent on 8 April 2010, over a century after the passing of the laws that established the UK’s framework for the prosecution of bribery and corruption offences. While the Act is expected to come into force later in 2010 (possibly October) businesses must now pay close attention to the offences created by the Act, including the new corporate offence of failing to prevent bribery, and the severe penalties that businesses and individuals may face for failure to comply with the Act.

Bribery of another person

It is an offence under the Act if one “offers, promises or gives a financial or other advantage to another person” intending that person to perform improperly a relevant function or activity. The scope for what might amount to a “financial or other advantage” is broad. A breach occurs where the bribing party knows or believes that the acceptance of the

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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