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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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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