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Positive steps

04 June 2009 / Andrew Berkeley , Justin Michaelson
Issue: 7372 / Categories: Features , Commercial
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The draft Bribery Bill is a step in the right direction, say Justin Michaelson & Andrew Berkeley

The boundary edges of good business are sometimes blurred in the name of competitive advantage and it is not right, nor is it fair, for one business to be favoured over another simply because that business paid a bribe. The draft Bribery Bill, which arose out of a lengthy consultation process involving a full report by the Law Commission (Reforming Bribery) is a positive step to improve public trust in international business and seek to maintain a level playing field in the international marketplace. But a level playing field works both ways.

As far as the UK is concerned, the government hopes to tighten up the regime with the new Bribery Bill. The US has led the way for decades, with the Foreign Corrupt Practices Act 1977 (FCPA), and later the international community with the Organisation for Economic Co-operation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials (the Convention).

The UK is in

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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