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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

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

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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