Law of Wrongdoing in UK Law

  • The EU Justice and Home Affairs Council formally adopts new Whistleblowing Directive
    • JD Supra United Kingdom
    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 ......
  • Corporate Compliance Takes a New Turn
    • LexBlog United Kingdom
    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 ......
  • Protecting Whistleblowers in the UK – Is the Law Sufficient?
    • LexBlog United Kingdom
    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 employer’s wrongdoing? According to a new report published by the international NGO, Blueprint for Free Speech, and the Thomson Reuters Foundation (the “Report”), the ......
  • UK Supreme Court Adopts New “Range of Factors” Approach to Defence of Illegality
    • JD Supra United Kingdom
    The UK Supreme Court has rejected a formal “reliance” test to determine whether a defendant to a civil claim can rely on the claimant’s wrongdoing to defeat the claim, replacing it with a more fact...
    ...... UK Supreme Court has rejected a formal “reliance” test to determine whether a defendant to a civil claim can rely on the claimant’s wrongdoing" to defeat the claim, replacing it with a more fact-sensitive “range of factors” approach, which may expand cases in which the defence operates. \t\xE2"......
  • Employers Beware: Post-termination Whistleblowing
    • JD Supra United Kingdom
    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 ......
  • Failure to prevent – the future of corporate criminal liability
    • JD Supra United Kingdom
    Since a 1971 dispute over the pricing of washing powder, English law has required that for acts to be attributable to a corporation they must represent the directing mind and will of that organisat...
    ......” (as it is widely known) has been a significant hurdle for prosecutors attempting to establish that corporations are guilty of criminal wrongdoing. . However, 2018 looks set to be the year when things might change. The increasing drive to create new offences that do not rely on the ......
  • UK Supreme Court adopts new “range of factors” approach to defence of illegality
    • JD Supra United Kingdom
    Recent decision adopts less formal, more expansive test for the defence of illegality in English law. Overview - The UK Supreme Court has rejected a forma...
  • Can NDAs/confidentiality clauses survive in the #MeToo era?
    • JD Supra United Kingdom
    "Unethical","intimidate victims into silence", "protecting the powerful" are some of the recent views that have been expressed on the use of non-disclosure agreements ...
    ...... allegations there were calls for action to be taken to prevent employers using NDAs/confidentiality clauses to conceal allegations of wrongdoing. In response, we have seen the UK government pledging to end the "unethical use" of NDAs, the Solicitors Regulation Authority issuing a Warning ......
  • Structuring Investigations In Light Of UK Privilege Case
    • JD Supra United Kingdom
    The English Court of Appeal's much - anticipated decision on legal professional privilege in Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Ltd. contains mixed news ...
  • Through the wire – the SFO’s plan to obtain evidence using informants
    • JD Supra United Kingdom
    An informant is sent into the midst of a criminal gang. He is wearing a concealed device, crudely taped to his chest. Law enforcement agents listen in from the back of an unmarked van parked incons...
    ......Suspects in white collar crime investigations could soon be asked to wear wires in order to help the authorities expose wrongdoing, with the Director of the SFO, Lisa Osofsky, suggesting that she intends to incentivise such co-operation with promises of immunity or reduced prison ......
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