State accountability and liability

State accountability and liability guidance:

The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It does not cover the...

Practice Note

• Has your company got a clear and forthright code of ethics which explicitly refers to a zero tolerance of bribery and corruption? This code of ethics should reflect the...

Practice Note

When will a public authority owe a duty of care? The Supreme Court considered the duty of care owed by public authorities in the cases of Michael and Robinson. In...

Practice Note

Practitioners should note that in relation to claims against employers, on 1 October 2013, s 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) rewrote s 47...

Practice Note

What is a private law claim for breach of statutory duty? A private law claim for breach of statutory duty is a claim that: • the defendant was under a statutory duty to...

Practice Note

Introduction The police force is a pure public authority (ie performs only public functions). Therefore, claims can be brought against it under the Human Rights Act 1998...

Practice Note

• Does the company have a due diligence policy which covers all parties to a business relationship, including the company's supply chain, agents, joint venture or similar...

Practice Note

• Any agent or representative of a business should be subject to due diligence • The company will have to make their own inquiries supplementing any information with...

Practice Note

Facilitating the performance of a duty by public officials Facilitation payments, also known as facilitating or grease payments, are generally small amounts of money paid...

Practice Note

Corporate criminal liability for bribery—section 7 of the Bribery Act 2010 This offence can only be committed by relevant commercial organisations (RCOs), not...

Practice Note

Liability False imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises...

Practice Note

Required document or actionYes/NoComment/action required Do you have a public, clear and forthright code of ethics and/or anti-bribery and corruption policy which...

Practice Note

The procedure for conducting a public inquiry will vary significantly from one inquiry to the next. Even where inquiries are established under the Inquiries Act 2005 (IA...

Practice Note

What does effective governance mean in the public sector? The function of governance is to ensure that an organisation or partnership fulfils its overall purpose,...

Practice Note

Businesses and their employees must be alert to indicators of corruption. The following checklist identifies indicators of corruption which would normally...

Practice Note

The following questions and issues should be at the forefront of a lawyer’s mind when advising in relation to an internal investigation on suspicion of bribery. This...

Practice Note