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05 May 2023 / Tom McNeill
Issue: 8023 / Categories: Features , Fraud , Health & safety
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Failing to prevent fraud: learning lessons from health & safety

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Do health & safety duties in the workplace pave the way for failure to prevent fraud? Tom McNeill sets out the possible routes ahead
  • Much like workplace health and safety legislation, under the proposed failure to prevent fraud offence the burden will be on the organisation to prove the reasonableness of its procedures.
  • Punishing organisations for wrongdoing which they may be able to do little to prevent will arguably do little to deter crime.

At some point and in some form, we are likely to have a new failure to prevent (FTP) fraud offence, it having been shoehorned into the Economic Crime and Corporate Transparency Bill, currently in the House of Lords. While FTP fraud has been long debated, there remain significant criticisms, not least that it risks organisations being punished for conduct which was not their own and which they could not have prevented; and that it may do little to prevent fraud and potentially have the opposite effect. This

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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