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20 January 2011 / Steve Tombs , David Whyte
Issue: 7449 / Categories: Features , Health & safety
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Corporate or criminal?

Steve Tombs & David Whyte highlight the dangers of reducing corporate prosecutions

Criminal Liability in Regulatory Contexts—the title of a recent (August 2010) Law Commission Consultation Document—might prompt the same response as Gandhi had when he heard the phrase “western democracy”.
Any longstanding critics of the consistent failure of law to hold corporations to account for their criminal conduct would have had any hopes of progressive reform dashed early on in its reading, where its organising assumption is stated baldly: “In regulated fields, reliance on the criminal law as the main means of deterring and punishing unwanted behaviour may prove to be an expensive, uncertain and ineffective strategy” (para 1.8). From here then flow a series of proposals which, in our view, will only further undermine the prospects for reversing the decriminalisation of illegal corporate conduct.

Evidence? What evidence?

The assumption encapsulated in the above quotation is by no means an unfamiliar one—and it is one which has gathered momentum in the UK in recent years. Such a claim is, for example,

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Signature Litigation—Catherine Naylor

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Morgan Lewis—Paul Feldberg

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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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