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29 March 2024
Issue: 8065 / Categories: Legal News , Commercial , Company , Fraud
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NLJ this week: Former DPP offers practical advice on corporate criminal liability

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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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