header-logo header-logo

06 January 2011 / William Christopher
Issue: 7447 / Categories: Features , Bribery , Procedure & practice
printer mail-detail

Trillion dollar bribery

The civil consequences of bribery examined by William Christopher

Bribery is currently a hot topic. The World Bank recently estimated bribery costs the world $1trn a year. Much commentary surrounds the recently enacted Bribery Act 2010 (the 2010 Act) and its effect on companies and their directors and officers. Particular attention is being given to the strict liability corporate offence of failing to prevent bribery, the defence to which is to have adequate procedures in place—with a strong focus on the criminal liability of the person or organisation giving the bribe.

More stringent anti-corruption policies being implemented and more internal investigations into corruption arising from the 2010 Act are likely to lead to the discovery of more bribery and corruption. What many people and companies do not realise is that civil actions can be directed at both the briber and the receiver of bribes by the principal of a bribed agent, who has entered into a contract as a result of the bribe being paid to that agent. This means that the principal, who

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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll