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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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