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14 November 2025
Issue: 8139 / Categories: Legal News , Commercial , Criminal , Fraud , Liability , Bribery , Company , Compliance , Risk management
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NLJ this week: Corporate crime net widens

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The Crime and Policing Bill could vastly expand corporate criminal liability through its new ‘senior manager test’, warns Tom McNeill of BCL Solicitors in NLJ this week. The sweeping test makes organisations criminally liable for offences committed by senior managers within their authority

The reform, McNeill argues, shifts corporate criminal law further towards deterrence and away from fairness or direct culpability. The test extends liability even where the company gains no benefit and lacks a 'reasonable procedures' defence.

McNeill traces the evolution from Tesco v Nattrass to today’s 'failure to prevent' model, showing how criminal fault has been replaced by assumptions of defective corporate culture. He warns that treating organisations as moral actors risks punishing compliant companies for rogue conduct.

While aimed at accountability, the new regime, he concludes, prioritises ease of prosecution over principled justice.

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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