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23 September 2010 / John Benstead
Issue: 7434 / Categories: Features , Bribery , Practice areas , Commercial
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Biting the bullet

John Benstead explains why industry needs to be armed & ready for the Bribery Act

The Ministry of Justice has announced that the Bribery Act 2010 will come into force in April 2011, one year after receiving royal assent. The Act overhauls the UK’s archaic corruption laws. A new corporate offence of failing to prevent bribery is created. The Act is certain to have a profound effect on how commercial organisations conduct their operations.

Corruption is currently governed by the Prevention of Corruption Acts 1889 to 1916. Legislation passed in a different era had, by the beginning of the 21st century, become inadequate and it was generally accepted that reform was necessary. The matter was brought to a head by the Serious Fraud Office’s (SFO) controversial decision to drop its criminal investigation into BAE Saudi arms deals. That decision resulted in widespread anger and indignation throughout the global anti-corruption community. This persuaded the government to bite the bullet and reform the law. The Bribery Act 2010, now generally regarded as being one of the strictest pieces of anti-corruption legislation in the world, is

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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