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
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
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
The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General
The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.