menu-search
LEXISNEXIS_ICON4_SIGNINSign-in LEXISNEXIS_ICONS_SUPPORTHelp

Corporate liability

View Corporate Crime by content type:

News
Practice notes
Precedents
Q&As

Latest Corporate Crime News

European Union and UK government initiatives on money laundering and terrorism finance

European Union and UK government initiatives on money laundering and terrorism finance

The following Corporate Crime news provides comprehensive and up to date legal information on European Union and UK government initiatives on money laundering and terrorism finance

Corporate Crime weekly highlights—29 July 2021

Corporate Crime weekly highlights—29 July 2021

The following Corporate Crime news provides comprehensive and up to date legal information on Corporate Crime weekly highlights—29 July 2021

How anti-corruption push affects US companies operating abroad

How anti-corruption push affects US companies operating abroad

The following Corporate Crime news provides comprehensive and up to date legal information on How anti-corruption push affects US companies operating abroad

Cum-ex deals are criminal tax evasion, German court says

Cum-ex deals are criminal tax evasion, German court says

The following Corporate Crime news provides comprehensive and up to date legal information on Cum-ex deals are criminal tax evasion, German court says

Featured Corporate Crime content

Common assault and battery

Common assault and battery

Common assault and batteryThe offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An...

Conspiracy to defraud

Conspiracy to defraud

Conspiracy to defraudOffence of conspiracy to defraudConspiracy to defraud is a common law offence which was expressly preserved by section 5(2) of...

Criminal damage

Criminal damage

Criminal damageGeneralSimple criminal damage is triable either way unless the value of the alleged damage is £5,000 or less, in which case the offence...

Fraud by false representation

Fraud by false representation

Fraud by false representationFraud by false representationFraud by false representation applies to a broader range of conduct than the offences under...

Practice notes

Facilitation payments under the Bribery Act 2010

Facilitation payments under the Bribery Act 2010Facilitating the performance of a duty by public officialsFacilitation payments, also known as...
Read More >
Produced in partnership with Richard Furlong of Carmelite Chambers 19th May
Practice notes

ECHR, art 5(4)—rights and duties

ECHR, art 5(4)—rights and dutiesThe scope of article 5(4) Article 5(4) of the European Convention of Human Rights (ECHR) provides that: 'Everyone who...
Read More >
Produced in partnership with Andrew Sperling of SL5 Legal 19th May
Practice notes

Pre-sentence reports

Pre-sentence reportsThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that applies from...
Read More >
19th May
Practice notes

Breach of bankruptcy restriction order

Breach of bankruptcy restriction orderBankruptcy restrictionsFollowing an order for bankruptcy, the bankrupt person is prohibited form a number...
Read More >
19th May
Practice notes

Failing to surrender, absconding and breach of bail conditions

Failing to surrender, absconding and breach of bail conditionsBench warrantsThe Bail Act 1976 (BA 1976) provides that if a defendant fails to appear...
Read More >
Produced in partnership with Alistair Grainger of 25 Bedford Row 19th May
Practice notes

Criminal act or omission

Criminal act or omissionOmissionA defendant must be shown to have had the relevant mental state of mind or intention at the time that the act...
Read More >
19th May
tag iconIn-house
Practice notes

Handling stolen goods

Handling stolen goodsThe ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly...
Read More >
19th May
Practice notes

Disclosure in the magistrates’ court

Disclosure in the magistrates’ courtInitial details of the prosecution case (IDPC)The requirements for service and contents of the initial details of...
Read More >
Produced in partnership with David McNeill of 5 St Andrew's Hill and Hannah Thomas of 2 Hare Court 19th May
Practice notes

Sexual risk orders

Sexual risk ordersSTOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing Code,...
Read More >
Produced in partnership with Monica Stevenson of 25 Bedford Row 19th May
Practice notes

Possession of controlled drugs

Possession of controlled drugsElements of the offence of possession of controlled drugsIt is an offence for a person to have a controlled drug in...
Read More >
19th May
Practice notes

Corporate criminal liability

Corporate criminal liabilityThis Practice Note deals with what is meant by corporate liability in relation to criminal law. It covers establishing...
Read More >
19th May

All change at the GDC

...
Read More >
19th May
Practice notes

Driving offences and police powers

Driving offences and police powersPolice powers and preliminary testsUnder the Road Traffic Act 1988 (RTA 1988) there are three types of preliminary...
Read More >
Produced in partnership with Red Lion Chambers 19th May
Practice notes

Indications on sentence

Indications on sentenceJudicial independence is fundamental to the rule of law. The integrity of the criminal justice system depends on a fair and...
Read More >
19th May
Practice notes

Duress and necessity

Duress and necessityDuress by threatsDuress by threats provides a complete defence to a charge of any offence other than murder, attempted murder and...
Read More >
19th May
Practice notes

Mitigation in the sentencing of criminal offences

Mitigation in the sentencing of criminal offencesOnce a defendant has been convicted of a criminal offence by a criminal court in England and Wales,...
Read More >
19th May

Most recent Corporate liability content

Practice notes

Internal company fraud investigations

Internal company fraud investigationsPreliminary stepsBefore any action is taken it is important to consider:•what is the event which has created the...
Read More >
30th Jul
Practice notes

Natural Resources Wales—powers to investigate environmental crime

Natural Resources Wales—powers to investigate environmental crimeNatural Resources Wales (NRW) is the principal regulator responsible for the...
Read More >
Produced in partnership with Christopher Badger of 6 Pump Court and Christian Jowett of 30 Park Place, Cardiff and 36 Group, 36 Commercial, London 30th Jul
Practice notes

Money laundering offences under the Proceeds of Crime Act 2002

Money laundering offences under the Proceeds of Crime Act 2002Money laundering offences—an introductionMoney laundering is the process by which the...
Read More >
Produced in partnership with Jessica Parker of Corker Binning 30th Jul
Practice notes

Failure to prevent the criminal facilitation of tax evasion—the offences

Failure to prevent the criminal facilitation of tax evasion—the offencesThis Practice Note discusses the two ‘failure to prevent’ corporate criminal...
Read More >
Produced in partnership with Rhys Meggy of QEB Hollis Whiteman 30th Jul
Practice notes

Export control compliance visits and audits—What to expect

Export control compliance visits and audits—What to expectThere are strict controls on the export, brokering and transshipment of ‘strategic’ goods,...
Read More >
Produced in partnership with Richard Tauwhare MVO MIExCP 30th Jul
Practice notes

DPA Code of Practice

DPA Code of PracticeThis Practice Note summarises the Deferred Prosecution Agreement Code of Practice published by the Serious Fraud Office (SFO) and...
Read More >
30th Jul
Practice notes

Insider dealing

Insider dealingFORTHCOMING CHANGE: Section 31(1) of the Financial Services Act 2021 (FSA 2021) increases the maximum sentence for insider dealing...
Read More >
Produced in partnership with Joanna Dimmock, Tom Hickey and Fred Kelly of White & Case LLP 30th Jul
Practice notes

Failing to prevent bribery

Failing to prevent briberyCorporate criminal liability for bribery—section 7 of the Bribery Act 2010This offence can only be committed by relevant...
Read More >
30th Jul
Practice notes

SFO information sharing and section 3 powers

SFO information sharing and section 3 powersWhat are the powers under section 3 CJA 1987?Section 3 of the Criminal Justice Act 1987 (CJA 1987)...
Read More >
30th Jul
Practice notes

DPAs in practice

DPAs in practiceDeferred Prosecution Agreements (DPAs) have been available since 24 February 2014, when the Crime and Courts Act 2013 (CCA 2013) came...
Read More >
Produced in partnership with Quinton John Newcomb of Fulcrum Chambers 30th Jul
Practice notes

Active bribery, passive bribery and bribing foreign public officials

Active bribery, passive bribery and bribing foreign public officialsThe purpose of this Practice Note is to provide a general understanding of the...
Read More >
Produced in partnership with Joanne Kane of Carmelite Chambers 30th Jul
Practice notes

Seizure and retention of property

Seizure and retention of propertyLawful authority to seize and retain property (subject to legal professional privilege) following a search of...
Read More >
30th Jul
Practice notes

Privilege in DPA negotiations

Privilege in DPA negotiationsLegal professional privilege (LPP) is recognised as a fundamental right by the courts in England and Wales. At its heart...
Read More >
Produced in partnership with Amanda Raad, Arla Kerr, Matthew Burn and Chris Stott 30th Jul
Practice notes

Directors and criminal liability

Directors and criminal liabilityThis Practice Note describes the criminal offences that are of most relevance to company directors, and:•focuses on...
Read More >
30th Jul
Practice notes

Financial sanctions—offences

Financial sanctions—offencesSanctions and Anti-Money Laundering Act 2018 (SAMLA 2018) created a UK specific framework for the implementation and...
Read More >
Produced in partnership with Roger Matthews of Dentons and John Binns of BCL Solicitors LLP 30th Jul
Practice notes

CMA dawn raids and interviews

CMA dawn raids and interviewsThe arrival of the Competition and Markets Authority (CMA) (or any other competition authority) to conduct a dawn raid is...
Read More >
Produced in partnership with Bryan Cave Leighton Paisner 30th Jul
Practice notes

Practical steps in a bribery investigation—UK and US perspectives

Practical steps in a bribery investigation—UK and US perspectivesWho is investigating?In our current globalised market, it is very common for multiple...
Read More >
Produced in partnership with Amanda Raad, Arla Kerr and Harriet Slater of Ropes & Gray 30th Jul
Practice notes

Defending company clients after LASPO 2012

Defending company clients after LASPO 2012ARCHIVED: This Practice Note is archived and is not maintained.The implementation of the Legal Aid,...
Read More >
30th Jul
Practice notes

Directors and officers insurance policies

Directors and officers insurance policiesA director of a company limited by shares is exposed to a wide range of potential liabilities that could...
Read More >
30th Jul
Practice notes

Modern slavery and human trafficking

Modern slavery and human traffickingThe Modern Slavery Act 2015 (MSA 2015) received Royal Assent on 26 March 2015. Section 54 requires certain firms...
Read More >
30th Jul

Popular documents

Breach of statutory duty

Breach of statutory duty

Breach of statutory dutyThis Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care

Reserved judgments

Reserved judgments

Reserved judgmentsWhat is a reserved judgment?A court can reserve judgment by giving its decision at a later date in writing, after the trial or hearing (as opposed to an ex tempore judgment which is given by the judge orally straight after the hearing or trial). At the end of the hearing the judge

Provisional sums

Provisional sums

Provisional sumsWhat are provisional sums?There is no precise standard definition of provisional sum but it is generally understood to refer to an amount inserted in a bill of quantities, or contract sum analysis, to cover certain items of work that cannot be accurately defined, detailed or valued

Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and