header-logo header-logo

28 April 2023
Issue: 8022 / Categories: Legal News , Fraud , Criminal , Governance
printer mail-detail

NLJ this week: Planning for corporates ahead of ‘failure to prevent’

120622
The ‘failure to prevent’ fraud offence, now confirmed by the government, is big news for corporates. 

As Abigail Rushton and Rhys Novak write in this week’s NLJ, prosecutors will only have to show a lack of reasonable procedures in place to prevent the offences in order to secure a conviction.

Rushton and Novak, both of Charles Russell Speechlys, look at the shape, scope and form the proposed offence is likely to take, and set out the steps corporate bodies should be taking now to prepare for the Bill’s entry into force. After all, as they write, the Bill ‘is set to be one of the biggest changes to laws tackling economic crime in over a decade’.

They offer advice for corporate bodies, for example, ‘The government’s intention is that the new offence will drive cultural change within organisations and prevent them being able to look the other way if an offence is uncovered. With that in mind, corporates should review, in particular, their internal reporting and whistleblower policies.’ 

Find more practical tips on how to prepare here.

Issue: 8022 / Categories: Legal News , Fraud , Criminal , Governance
printer mail-details

MOVERS & SHAKERS

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
back-to-top-scroll