header-logo header-logo

01 September 2025
Issue: 8129 / Categories: Legal News , Fraud , Commercial , Risk management , Criminal
printer mail-detail

Failure to prevent fraud offence rolls out

Large companies and organisations risk hefty fines if their compliance procedures are not up to scratch, as of this week

The offence of failure to prevent fraud under the Economic Crime and Corporate Transparency Act 2023 comes into force on 1 September. It occurs where ‘persons associated’ commit a fraud offence ‘with the intention of benefiting the organisation or a person to whom the organisation provides services’.

Joint guidance issued in August by the Serious Fraud Office and Crown Prosecution Service warned that corporate entities may be criminally liable ‘irrespective of whether they intended or were aware of’ the conduct.

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll