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

1 Anti-bribery—short form—pro-customer Bribery Laws means the Bribery Act 2010 [and associated guidance published by the Secretary of State for Justice under the Bribery...

Precedents

• 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

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Precedents

• 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 give rise to an...

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

What is a public authority? A public authority is some manifestation or emanation of the state that exercises a public function. The distinction between a private body...

Practice Note

The Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (TLNPCTUAA 2014) makes provision as follows: • TLNPCTUAA 2014, Pt 1...

Practice Note

Summary The Bribery Act 2010 (BA 2010) came into force on 1 July 2011. BA 2010 applies to any business incorporated or trading in the UK and covers bribery committed on...

Precedents

Background It is helpful to put the law relating to military claims into historical context. Until 1987, section 10 of the Crown Proceedings Act 1947 (CPA 1947) prevented...

Practice Note

The tort of misfeasance Misfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public authorities. There...

Practice Note

Outline of the Act The Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (TLNPCTUAA 2014) makes provision as follows: • Part 1...

Practice Note

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Precedents

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Precedents