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22 March 2024
Issue: 8064 / Categories: Legal News , Procedure & practice , Company , Commercial , Fraud
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NLJ this week: Could this doctrine be useful in the fight against corporate crime?

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A little-known doctrine could be a boon for investigative agencies, Nick Barnard, partner, Corker Binning, writes in this week’s NLJ

Moreover, the doctrine may be about to come into fashion due to the changing landscape ushered in by the Economic Crime and Corporate Transparency Act 2023.

Under the doctrine of ‘consent and connivance’, individuals can be criminally liable for offences committed by their companies. There is no need for the company to be convicted for a director to be liable.

Barnard also looks at ‘the unusual status of consent and connivance in the criminal law, in that they create secondary liability on the basis of a lower threshold of mens rea than that required to be satisfied by the primary offender’.

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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