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18 April 2019 / Eoin O’Shea
Issue: 7837 / Categories: Features , Bribery
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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,

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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