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29 July 2010 / Paul Smethurst
Issue: 7428 / Categories: Features , Fraud , Bribery , Profession
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Buyer beware

Paul Smethurst examines the impact & implications of the new Bribery Act

Picture the scene—pine and glass boardroom, champagne and smiles all around. With economic recovery being driven by consolidation you have just successfully assisted your corporate client in the acquisition of a company that will open up new overseas markets, the possibility of government work and access to a team of people who, if lifestyle is anything to go on, are clearly very successful.

Six months on and the mood has changed. Your client has discovered a culture where the “bung” is king in terms of both winning new work and appointing suppliers and wants to know what you did during the deal transaction process to ensure compliance with the Bribery Act 2010 as some very friendly people from the Serious Fraud Office (SFO) are coming in for a chat and by the way who is your PI insurer?

The Bribery Act 2010 received Royal Assent in April and its provisions are expected to come into force in April 2011. As well

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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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