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07 April 2011
Issue: 7460 / Categories: Legal News
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Beware of bribery

Cautious approach should be taken to new legislation

Lawyers are advising companies to take a “cautious approach” to the Bribery Act following the issuing of guidance last week by the Ministry of Justice on how companies can put “adequate procedures” in place to avoid prosecution.

The 2010 Act, due to come into force on 1 July 2011, creates a new offence of failure by a commercial organisation to prevent persons associated with it from bribing others on its behalf.

The guidance sets out some simple steps that can be taken to resolve bribery risks, and advises senior management to become personally involved in addressing these. As before, corporate hospitality will be allowed and “facilitation payments” will be unlawful.

Mathew Rutter, partner at Beachcroft, says it is important to bear in mind that “the wording of the Act itself is unchanged, and this guidance does not create a safe harbour”.

Sam Eastwood, partner at Norton Rose LLP, says: “The guidance may have limited weight in the English courts—the guidance does not have the force of law and can be revised by the secretary of state at any time.

“The ultimate effect of the Act will depend on how it is interpreted by prosecutors and, ultimately, the courts, and there remains a risk that they will take a stricter line on some issues like ‘associated persons’ or the territorial scope of the Act.”

Ed Crosse, partner at Osborne Clarke, says that for the majority of ethical businesses, adopting a common sense, proportionate and risk based approach should address their obligations. “However, if companies operating in high risk sectors or jurisdictions fail to protect themselves by properly assessing the risks presented by their business, they will be seriously exposed under the new regime.”

Last week, the director of public prosecutions and the director of the Serious Fraud Office also jointly issued guidance for prosecutors on how to decide whether to bring a prosecution.

Issue: 7460 / Categories: Legal News
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MOVERS & SHAKERS

Birketts—Nathan Evans

Birketts—Nathan Evans

Commercial and technology team in Cambridge strengthened by partner hire

Andrew & Andrew Solicitors—Shikha Datta

Andrew & Andrew Solicitors—Shikha Datta

Hampshire firm appoints head of new family department

Latham & Watkins—Sarah Lightdale

Latham & Watkins—Sarah Lightdale

Firm strengthens securities practice with partner return

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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