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20 October 2023 / Michelle de Kluyver , Nichola Peters , Harriet Territt
Issue: 8045 / Categories: Features , Criminal , Profession
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Senior manager attribution: a new liability?

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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

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MOVERS & SHAKERS

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
Businesses are facing a ‘dramatic rise in prosecution risks’ as sweeping reforms to corporate criminal liability come into force, expanding the net of who can be held responsible for wrongdoing inside organisations
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
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