Law of Wrongdoing in UK Law
- Profits from Wrongdoing: Private and Public Law Perspectives
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...
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...
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...
Whistleblowers, the Public Interest, and the Public Interest Disclosure Act 1998
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 ...
Does Control Make a Difference? The Moral Foundations of Shareholder Liability for Corporate Wrongs
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 ...
Consequential Responsibility for Client Wrongs: Lehman Brothers and the Regulation of the Legal Profession
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...
Attribution and the Illegality Defence
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...
What does it mean to suffer loss? Haxton v Philips Electronics
In Haxton v Philips Electronics the Court of Appeal considered whether a widow could recover the diminution in value of her dependency claim following the defendant's tortious reduction of her life...
The policing of financial misconduct in intergovernmental organisations
Purpose: – This paper aims to analyse the extent to which the financial investigation function of an intergovernmental organisation (IGO) may be considered in policing terms, with a view to categor...
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