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27 May 2010 / Nicola Mcleod , Eoin O’Shea , Alex Beal
Issue: 7419 / Categories: Features , Regulatory , Commercial
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Back to the drawing board?

Eoin O’Shea, Nicola McLeod & Alex Beal say the SFO will have to reconsider penalties for bribery

The Serious Fraud Office (SFO) published guidance entitled, Approach of the Serious Fraud Office to Dealing with Overseas Corruption, on 21 July 2009. The guidance encourages self-reporting of corruption offences by corporate entities. It provides for the possibility of a “global settlement” with the SFO where liability arises in another jurisdiction, and makes plain the SFO’s willingness to negotiate on the subject of penalties. It also makes plain that in the right circumstances (such as self-reporting and co-operation with the SFO’s investigation, as well as a commitment to reform of corporate practices and procedures) the SFO would recommend that only civil penalties be imposed (pursuant to its powers under Pt 5 of the Proceeds of Crime Act).

On the other hand, the guidance makes clear that, in the absence of cooperation and self-reporting, companies paying bribes should not expect leniency. The chances of a criminal prosecution are increased. The

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

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

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
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
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
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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