header-logo header-logo

18 April 2019 / Eoin O’Shea
Issue: 7837 / Categories: Features , Bribery
printer mail-detail

The Bribery Act: beyond adequate?

Eoin O’Shea reflects on the significance of the House of Lords’ recommendations in relation to taking bribery prevention to the next level

  • The House of Lords’ review of the Bribery Act 2010 makes two particularly important interventions: the first relates to interpretation of the notorious ‘adequate procedures’ test; the second is a strong push for government to reform ‘white collar’ criminal law so that vicarious liability applies to a far wider range of offences.

The Bribery Act 2010 (BA 2010) is one of the more acclaimed pieces of legislation of recent years. It has been the subject of numerous superlatives: ‘the toughest anti-corruption legislation in the world’, ‘the gold standard’ and so on. In 2018 the House of Lords constituted a Select Committee, chaired by Lord Saville, to consider its effects (see also Lord Saville's NLJ article, 'Bribery in the spotlight'). After a lengthy process of taking evidence from a wide variety of interested parties, the committee issued its report on 14 March 2019 (The Bribery Act 2010: post-legislative scrutiny,

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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll