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05 February 2016 / Rosie Nelson , Emma Davies
Issue: 7685 / Categories: Features , Regulatory
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No more Mr Nice Guy

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Sentencing of very large organisations: Emma Davies & Rosie Nelson report

The common theme running through the recent changes to legislation and guidelines on sentencing is that big businesses must step up their efforts to improve their regulatory compliance—or pay the hefty price.

In the past, less serious regulatory offences were tried in the magistrates’ courts, where the cap on fines at £20,000 proved to be a mere slap on the wrists for big businesses. But the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) now gives magistrates powers to issue unlimited fines. This alone should be sufficient to strike fear into the hearts of large organisations with poor track records for regulatory compliance.

In relation to environmental offences, the recent Court of Appeal case, R v Thames Water Utilities Ltd [2015] EWCA Crim 960, [2015] All ER (D) 31 (Jun), demonstrates the new, tougher sentencing that judges are willing to impose. In this case, the court at first instance found Thames Water to have been negligent in its failure to replace

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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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