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20 October 2023
Issue: 8045 / Categories: Legal News , Profession
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NLJ this week: Senior managers & the ‘new breed’ of corporate criminal liability

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This week, Michell de Kluyver, Nichola Peters & Harriet Territt, global investigations practice, Addleshaw Goddard, look at the potential introduction of ‘senior manager attribution liability’. As the authors explain, this is a ‘new breed’ of corporate criminal liability, and a definite ‘game changer’

‘Senior manager attribution liability’ would be introduced under the Economic Crime and Corporate Transparency Bill, if it becomes law in its current form. The bill places the identification doctrine on a statutory footing as well as extending it to bring the conduct of senior management within scope.

The authors explain key elements of the proposed law, including its extraterritorial reach and the absence of statutory defences, as well as the potential impact on deferred prosecution agreements.

They advise business owners, senior managers and legal professionals to make sure they understand the implications of the new law and consider how best to mitigate potential risks. 

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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