Law of Wrongdoing in UK Law
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Leading Cases
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M'Alister or Donoghue (Pauper) v Stevenson
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You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.
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Smith v Littlewoods Organisation Ltd; Maloco v Littlewoods Organisation Ltd
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Lonrho Plc (Original Respondents and Cross-Appellants) v Fayed and Others (Original Appellants and Cross-Respondents) (First Appeal); Lonrho Plc (Original Respondents and Cross-Appellants) v Fayed and Others (Original Appellants and Cross-Respondents) (Second Appeal)
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Dorset Yacht Company Ltd v Home Office
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Lister and Others v Hesley Hall Ltd
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Reeves v Commissioner of Police of the Metropolis
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People of full age and sound understanding must look after themselves and take responsibility for their actions. This philosophy expresses itself in the fact that duties to safeguard from harm deliberately caused by others are unusual and a duty to protect a person of full understanding from causing harm to himself is very rare indeed.
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Legislation
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Insolvency Act 1986
... ... and qualification of insolvency practitioners, the public administration of insolvency, the penalisation and redress of malpractice and wrongdoing, and the avoidance of certain transactions at an undervalue[25th July 1986] ... Be it enacted by the Queen’s most Excellent Majesty, by and with ... ...
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Finance Act 2010
... ... Schedule 41 to FA 2008 ... (7) Schedule 41 to FA 2008 (penalties: failure to notify and certain VAT and excise wrongdoing) is amended as follows ... (8) For paragraph 6 substitute—(6) “(1) This paragraph sets out the penalty payable under paragraph 1.(2) If the ... ...
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National Security Act 2023
... ... (3) The national security factors are— ... (a) (a) whether the claimant has committed wrongdoing that— ... (i) involves the commission of a terrorism offence or other involvement in terrorism-related activity, and ... (ii) has a connection ... ...
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Finance Act 2022
... ... 82: Excise duty: penalties ... (1) Schedule 41 to FA 2008 (penalties: failure to notify and certain VAT and excise wrongdoing) is amended as follows ... (2) In paragraph 1 (penalty payable on failure to comply with relevant obligation) , in the table (relevant obligations) ... ...
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Books & Journal Articles
- Profits from Wrongdoing: Private and Public Law Perspectives
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Dishonesty plus Breach of Fiduciary Duties can Add up to Fraud
The Privy Council has added an interesting twist to the developing jurisprudence of commercial fraud in Grant Adams v The Queen, a recent appeal from the Court of Appeal of New Zealand. The judgmen...... ... The judgment seems to suggest that the dividing line between 'civil' wrongdoing (ie breaches of fidu-ciary duty, company law obligations) and 'criminal' wrongdoing (ie theft and fraud) is not an impene-trable barrier. The ... ...
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Codes of Ethics as Corporate Camouflage: An Expression of Desire, Intent or Deceit?
This paper seeks to advance and explore the notion that corporate codes of ethics are merely a form of ‘camouflage’ allowing corporate wrongdoing to flourish undetected and unpunished. It argues th...... ... This paper seeks to advance and explore the notion that corporate codes of ethics are merely a form of 'camouflage' allowing corporate wrongdoing to flourish undetected and unpunished. It argues that the nature of corporations, the nature of law and the nature of corporate codes lead to a ... ...
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Multiple Wrongdoing and Offence Structure: A Plea for Consistency and Fair Labelling
Crimes come in all shapes and sizes, but relatively little work has been done on offence structure – Robinson’s recent functional analysis is perhaps the one obvious exception. This article concent...
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Law Firm Commentaries
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The EU Justice and Home Affairs Council formally adopts new Whistleblowing Directive
The EU Justice and Home Affairs Council has formally adopted a Directive of the EU Parliament, which aims to harmonise the protections available for EU whistleblowers who report breaches of EU law.... ... which, in the reasonable belief of the worker making it, is made in the public interest and tends to show one or more of the types of wrongdoing or failure listed in section 43B(1)(a) to (f) which are: ... that a criminal offence has been committed, is being committed or is likely to be ... ...
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Employers Beware: Post-termination Whistleblowing
In the recent case of Onyango v. Berkeley Solicitors, the UK Employment Appeal Tribunal ruled that an employee was allowed to bring a ‘whistleblowing’ claim relating to a protected disclosure that ...... ... Under UK law, workers are protected from receiving detrimental treatment as a result of raising a concern about certain types of wrongdoing occurring in the workplace. In Onyango, the Claimant (Mr. Onyango) brought a claim in the Employment Tribunal alleging that as a result of making a ... ...
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Corporate Compliance Takes a New Turn
Discovering corporate criminal wrongdoing by employees or agents is a situation that employers hope to never encounter. However, if that time comes it is critical to be prepared. The Federal Govern......Discovering corporate criminal wrongdoing by employees or agents is a situation that employers hope to never encounter. However, if that time comes it is critical to be prepared. The Federal ... ...
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Protecting Whistleblowers in the UK – Is the Law Sufficient?
With instances of whistleblowing hitting the press on an ever-increasing basis, does UK law do enough to protect employees who blow the whistle on their employer’s wrongdoing? According to a new re...... ... hitting the press on an ever-increasing basis, does UK law do enough to protect employees who blow the whistle on their employers wrongdoing? According to a new report published by the international NGO, Blueprint for Free Speech, and the Thomson Reuters Foundation (the Report), the answer ... ...
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