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NLJ this week: Former DPP offers practical advice on corporate criminal liability

29 March 2024
Issue: 8065 / Categories: Legal News , Commercial , Company , Fraud
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The expansion of the failure to prevent fraud offences means corporates will need to behave better

In this week’s NLJ, former Director of Public Prosecutions Sir Max Hill KC, now senior counsel and policy advisor at King & Spalding, along with the firm’s associates Hannah Thorpe and Alex Tivey discuss the implications.

The authors write: ‘Corporate criminal liability has expanded from niche origins in bribery, corruption and money laundering, to encompassing all economic crime… New legislation calls for better corporate behaviour, evidence-based as to compliance and practice.’

Hill, Thorpe and Tivey offer practical guidance on reasonable prevention measures.

They examine both the failure to prevent offence and the redefinition of the identification doctrine. What implications will these have for large organisations, and how should they ensure compliance with this toughened-up new law? They also look into the increasing use of civil enforcement methods to recover the proceeds of crime, as well as the greater use of deferred prosecution agreements.

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

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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