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NLJ this week: Could this doctrine be useful in the fight against corporate crime?

22 March 2024
Issue: 8064 / Categories: Legal News , Procedure & practice , Company , Commercial , Fraud
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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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

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