header-logo header-logo

Biting the bullet

23 September 2010 / John Benstead
Issue: 7434 / Categories: Features , Bribery , Practice areas , Commercial
printer mail-detail

John Benstead explains why industry needs to be armed & ready for the Bribery Act

The Ministry of Justice has announced that the Bribery Act 2010 will come into force in April 2011, one year after receiving royal assent. The Act overhauls the UK’s archaic corruption laws. A new corporate offence of failing to prevent bribery is created. The Act is certain to have a profound effect on how commercial organisations conduct their operations.

Corruption is currently governed by the Prevention of Corruption Acts 1889 to 1916. Legislation passed in a different era had, by the beginning of the 21st century, become inadequate and it was generally accepted that reform was necessary. The matter was brought to a head by the Serious Fraud Office’s (SFO) controversial decision to drop its criminal investigation into BAE Saudi arms deals. That decision resulted in widespread anger and indignation throughout the global anti-corruption community. This persuaded the government to bite the bullet and reform the law. The Bribery Act 2010, now generally regarded as being one of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll