header-logo header-logo

Home Login E-newsletter About us
12 April 2024 / Maia Cohen-Lask
Issue: 8066 / Categories: Opinion , Company , Criminal
printer mail-detail

Identification principle on target?

© Copyright LexisNexis 2026. All Rights Reserved.
167836
The new identification principle should make it easier to successfully prosecute companies. But what if the difficulties are based on a misdiagnosis, asks Maia Cohen-Lask

After much fanfare, the Economic Crime and Corporate Transparency Act (ECCTA 2023) became law on 26 October 2023. One of the key new provisions is a change to the way that criminal liability is attributed to corporate bodies (‘the identification principle’). This change has been widely hailed as widening the pool of people through which companies can be held criminally liable, thus (the logic goes) making it easier to successfully prosecute companies. However, the change would not, in fact, have affected the outcome of the one case that has been frequently cited as the leading driver for legislative change in this area: Serious Fraud Office v Barclays plc and another [2018] EWHC 3055 (QB), [2018] All ER (D) 186 (Nov).

Directing mind & will

The legal position until ECCTA 2023 came into force was that the acts and states of mind of the natural persons who

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Read All
‘Lost years’ precedent overturned
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
NLJ this week: Neutral counsel in a polarised age
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
NLJ this week: Short lets & sharp covenants
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
NLJ this week: Justice at the algorithm’s edge
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
NLJ this week: When ‘milk’ really means milk
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
Copyright © 2026 LexisNexis
back-to-top-scroll