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28 April 2023
Issue: 8022 / Categories: Legal News , Fraud , Criminal , Governance
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NLJ this week: Planning for corporates ahead of ‘failure to prevent’

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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
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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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