header-logo header-logo

20 October 2023 / Michelle de Kluyver , Nichola Peters , Harriet Territt
Issue: 8045 / Categories: Features , Criminal , Profession
printer mail-detail

Senior manager attribution: a new liability?

143305
Michelle de Kluyver, Nichola Peters & Harriet Territt discuss whether the Economic Crime & Corporate Transparency Bill creates a new breed of corporate criminal liability in the UK
  • The introduction of a statutory test for corporate criminal liability is potentially a game-changer; making it easier to prosecute larger businesses in the UK.
  • This article highlights key elements of the proposed law, including its extraterritorial reach, and explores the absence of statutory defences as well as the potential impact on Deferred Prosecution Agreements (DPAs).
  • Business owners, senior managers and legal professionals alike need to understand the implications and consider what measures can be put in place to mitigate potential risks.

One of the most significant changes to the landscape of corporate criminal liability for a generation looks likely if the Economic Crime and Corporate Transparency Bill (the Bill) is passed in either its current or similar form. The Bill makes a significant change to the common law identification doctrine in response to longstanding calls

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

Fieldfisher—Will Sharp

Fieldfisher—Will Sharp

Fieldfisher boosts structured finance practice with appointment of Will Sharp

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke grows its life sciences team with new partner hires

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal expands corporate team with twonew appointments

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
back-to-top-scroll