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07 November 2025 / Jonathan Fisher KC
Issue: 8138 / Categories: Opinion , Liability , Bribery , Legal services , Company , Risk management , Governance , Fraud
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Failure to prevent: Who’s liable?

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The ‘failing to prevent’ model of corporate criminal responsibility should be viewed as an opportunity & not a burden, says Jonathan Fisher KC

The last 15 years have witnessed a fundamental shift in the law’s approach towards the imposition of criminal responsibility where companies and their directors have become involved in the commission of financial crime.

Historically, the law favoured a reactive approach, penalising a company where a director, as directing mind and will of the company, engaged in criminal activity. Today, a more proactive approach is preferred, whereby a company is held criminally liable unless it can show that adequate procedures to prevent the offending conduct had been instituted.

There are three such offences involving bribery (s 7, Bribery Act 2010), facilitating tax evasion offences (ss 45 and 46, Criminal Finances Act 2017), and failing to prevent fraud (s 199, Economic Crime and Corporate Transparency Act 2023). Although the fact that criminal activity occurred does not necessarily mean that preventative measures taken were

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Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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