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29 March 2024
Issue: 8065 / Categories: Legal News , Commercial , Company , Fraud
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NLJ this week: Former DPP offers practical advice on corporate criminal liability

The expansion of the failure to prevent fraud offences means corporates will need to behave better

In this week’s NLJ, former Director of Public Prosecutions Sir Max Hill KC, now senior counsel and policy advisor at King & Spalding, along with the firm’s associates Hannah Thorpe and Alex Tivey discuss the implications.

The authors write: ‘Corporate criminal liability has expanded from niche origins in bribery, corruption and money laundering, to encompassing all economic crime… New legislation calls for better corporate behaviour, evidence-based as to compliance and practice.’

Hill, Thorpe and Tivey offer practical guidance on reasonable prevention measures.

They examine both the failure to prevent offence and the redefinition of the identification doctrine. What implications will these have for large organisations, and how should they ensure compliance with this toughened-up new law? They also look into the increasing use of civil enforcement methods to recover the proceeds of crime, as well as the greater use of deferred prosecution agreements.

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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