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

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Thomson Hayton Winkley—Jordan Wallace

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Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
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.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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