header-logo header-logo

06 September 2007 / Khawar Qureshi KC
Issue: 7287 / Categories: Features , Regulatory
printer mail-detail

Perilous times

Is the UK/EU approach to corporation regulation too heavy-handed? Khawar Qureshi QC reports

To understand the present approach to corporate regulation in the UK, it is necessary to appreciate the philosophical dilemma presented by the fact that a company is a creature of law, and to hold it liable under criminal law invariably involves blaming an individual or individuals whose conduct is (artificially) imputed to the company.

Hence, recent trends towards placing greater responsibility upon companies by means of legal regulation are designed to “persuade” them to develop practices and due diligence-based systems, which are aimed at making wrong-doing less likely. It is for that reason that companies may, for example, face big penalties vis-à-vis cartel behaviour or corporate manslaughter charges when it is apparent that systems were not in place, were deliberately overridden, or failed to prevent wrongdoing.

Different societies use their own methods to try to ensure that companies operate within the ambit of the rule of law. However, the use of statute to “put down markers”, combined with the activities of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
back-to-top-scroll