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14 November 2025 / Tom McNeill
Issue: 8139 / Categories: Features , Criminal , Fraud , Bribery , Company , Compliance , Risk management
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Getting corporates in the dock

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The senior manager test—as set out in the Crime and Policing Bill—prioritises deterrence over strict legal fairness, writes Tom McNeill
  • The Crime and Policing Bill includes a senior manager test, making organisations criminally liable for offences committed by senior managers while acting within their authority.
  • This would expand corporate liability for many offences beyond principles that required proof of direct corporate fault.
  • The change reflects a broader shift towards treating corporate culture as culpable, prioritising deterrence and ease of prosecution over fairness or consistency.

The Crime and Policing Bill, which is currently working its way through the UK Parliament, has its fair share of critics—and not without good reason.

The Bill includes a provision to make organisations criminally liable for any offence committed by a senior manager while acting within the actual or apparent scope of their authority—the senior manager test. Various commentators have pointed out the unfairness that could arise by not including an ‘intending to benefit the organisation’ provision.

What if

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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