Law of Wrongdoing in UK Law

  • Profits from Wrongdoing: Private and Public Law Perspectives
    • No. 62-2, March 1999
    • The Modern Law Review
  • Dishonesty plus Breach of Fiduciary Duties can Add up to Fraud
    • No. 4-1, March 1996
    • Journal of Financial Crime
    • 59-62
    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 ... ...
  • Re-forming Justice: The Potential of Maori Processes
    • No. 30-2, August 1997
    • Journal of Criminology (formerly Australian and New Zealand Journal of Criminology)
    There have been a number of calls for the implementation of a separate Maori justice system. This paper examines these calls and the practicalities of moving in this direction by drawing from two p...
    ... ... Tikanga o nga hara, for example, translates broadly into the law of wrongdoing and many Maori hapu (sub-tribes or collections of families) and iwi (tribes) possessed runanga 0 nga tura which translates broadly into a ... ...
  • Codes of Ethics as Corporate Camouflage: An Expression of Desire, Intent or Deceit?
    • No. 7-2, April 1999
    • Journal of Financial Crime
    • 140-146
    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 ... ...
  • Multiple Wrongdoing and Offence Structure: A Plea for Consistency and Fair Labelling
    • No. 64-3, May 2001
    • The Modern Law Review
    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...
  • Consequential Responsibility for Client Wrongs: Lehman Brothers and the Regulation of the Legal Profession
    • No. 76-1, January 2013
    • The Modern Law Review
    Should transactional lawyers bear responsibility when their competent actions facilitate unlawful activity by their client? Or is a lawyer's only concern to act in the client's interest by providin...
    ... ... argues that the law’s existing understanding of when consequential responsibility should be imposed on those who assist another’s wrongdoing provides a theory and a tool-kit whose application can be justifiably extended to the professional regulation of transactional lawyers. INTRODUCTION ... ...
  • Whistleblowers, the Public Interest, and the Public Interest Disclosure Act 1998
    • No. 63-1, January 2000
    • The Modern Law Review
    Corporate crime and organisational deviance raise complex legal issues. An initial problem lies simply in identifying when such wrongdoing has occurred. Here, whistleblowers can perform a valuable ...
    ... ... An initial problem lies simply in identifying when such wrongdoing has occurred. Here, whistleblowers can perform a valuable service. However, publicized cases suggest that they often pay dearly for their candour, ... ...
  • Does Control Make a Difference? The Moral Foundations of Shareholder Liability for Corporate Wrongs
    • No. 75-2, March 2012
    • The Modern Law Review
    The doctrine of limited liability, as traditionally understood, prevents shareholders from being held personally liable for corporate wrongs. Several authors have recently argued that the doctrine ...
    ... ... of control shareholders exercise ov er a company makes an important difference to their moral duties to compensate victims of corporate wrongdoing. Imagine a corporation fails to provide its employees with a safe system of work and thereby causes them to suffer personal injury. Perhaps the ... ...
  • From Incarceration to Restoration: National Responsibility, Gender and the Production of Cultural Difference
    • No. 18-1, March 2009
    • Social & Legal Studies
    The Criminal Code of Canada contains a sentencing provision aimed at offering alternatives to incarceration for Aboriginal peoples. One of the intentions of this provision is to take national respo...
    ... ... responsibility in law, the nation remains fundamentally committed to an understand- ing of colonial history in which it is not guilty of wrongdoing and hence arrives at an official stance that suggests that the Canadian state is not responsible for the continued ramifications of colonialism ... ...
  • Attribution and the Illegality Defence
    • No. 79-3, May 2016
    • The Modern Law Review
    In Jetivia SA v Bilta (UK) Ltd (in liquidation) all seven judges of the Supreme Court affirmed the decision of the Court of Appeal by holding that the illegality defence could not be raised as a de...
    ... ... underlying section 172(3) of the Companies Act 2006 (the Act), if the miscreant directors can escape liability simply by attributing their wrongdoing to the company ... Secondly , the Cour t set out the correct approach to answering the question of whether and when the acts or state of mind of the ... ...
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