The following Corporate Crime practice note Produced in partnership with Richard Furlong of Carmelite Chambers provides comprehensive and up to date legal information covering:
Facilitation payments, also known as facilitating or grease payments, are generally small amounts of money paid to public officials or others as a means of ensuring that they perform their duty, whether more promptly or at all. In some jurisdictions such payments are customary and legal (eg they are permitted in certain circumstances by the US Foreign Corrupt Practices Act 1977 (FCPA 1977), see Practice Note: The US Foreign Corrupt Practices Act 1977 (FCPA 1977) and Bribery Act 2010 (BA 2010) comparison table).
Facilitation payments constitute the offering, promising or giving of a financial advantage and amount to bribery, as they are not exempted under BA 2010.
Active bribery is explicitly prohibited by the BA 2010. A facilitation payment made directly or indirectly to a public official, an employee of any organisation or business, anyone in or connected with a business, trade or profession, or anyone acting by or on behalf of a corporate or unincorporated body will be illegal provided that the donor knew or believed a reasonable person in the UK would expect that the person receiving the payment had breached the expectation placed in them either by
virtue of being in a position of trust, or
not performing their function or activity in good faith
If this were
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This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other
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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 considered against the general background of
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