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22 March 2024 / Nick Barnard
Issue: 8064 / Categories: Features , Company , Commercial , Fraud
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Consent & connivance: individual liability for company offences

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Nick Barnard considers a little-used opportunity for investigative agencies, which could soon come into fashion
  • Considers the doctrine of ‘consent and connivance’, by which individuals can be criminally liable for offences committed by their companies.
  • Explores how this doctrine interacts with the Economic Crime and Corporate Transparency Act 2023 regime for corporate liability.

Much has been written on the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) and the new routes through which companies can be held criminally liable for the conduct of certain individuals. This article looks through the opposite end of the telescope and considers the doctrine of ‘consent and connivance’—an established, although rarely utilised, means by which certain individuals can be held criminally liable for offences committed by their companies. It also considers how this doctrine interacts with the new regime for corporate liability under ECCTA 2023.

Parasitic provisions

The majority of substantive offences usually in scope during corporate crime investigations are complemented by parasitic provisions stating that, where an offence

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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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