Corporate Crime in UK Law
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R v Blatch and Seagar
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It is “hornbook” law that a duly formed and registered company is a separate legal entity from those who are its shareholders and it has rights and liabilities that are separate from its shareholders: Salomon v A Salomon & Co Ltd [1897] AC 22; referred to by Rose LJ in Re H and others (restraint order: realisable property): [1996] 2 All ER 391 at 401F.
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R v Grainger (Mark)
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It should not be thought that it follows from this that offenders can shelter behind companies with impunity. If an offender chooses to use a company as a shield to hide his benefits from crime, it is open to the court to look behind the corporate veil in order to ascertain the true position.
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R v Chalkley ; R v Jeffries
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The fact that the Cambridgeshire police officers who made the arrests may have been ignorant of the real motive for them does not entitle the Court to focus just on their role and understanding of the matter—and the Judge did not do that.
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Boyle Transport (Northern Ireland) Ltd v R
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It cannot be determinative that Patrick and Mark Boyle ran the company and were the "operating minds". On the contrary, they were the sole, legally appointed, directors. So to say, in the context of this case, that Patrick and Mark Boyle were the "operating minds" simply does not carry the almost conclusive force which the judge seems to have ascribed to it.
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Jennings v Crown Prosecution Service
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contemplates that the defendant in question should have been instrumental in getting the property out of the crime. Not necessarily the only cause: there may, plainly, be other actors playing their parts. All that is required is that the defendant's acts should have contributed, to a non-trivial (that is, not de minimis) extent, to the getting of the property. This is no more than an instance of the common law's conventional approach to questions of causation.
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JS (Victims of gang violence – Sufficiency of protection)
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Mr Johnson made submissions on behalf of the respondent and invited us to find that the determination was sustainable. The grounds of appeal were a simple disagreement with the findings made by the Immigration Judge. The Immigration Judge considered the existence of the Jamaican Constabulary Force and made his findings. He took all the evidence into account in finding that the police were able to provide a sufficiency of protection.
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R v Sale
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Applying those observations to this case and having regard to Waya, and in particular paragraph 34, had this been an offence whose only criminal effect was upon Network Rail which had been provided with value for money achieved by the performance of a contract which required the company to expend monies in the ordinary course of business, it would have seemed to us proportionate to limit the confiscation order to the profit made, and to treat the full value given under the contract as analogous to full restoration to the loser.
- Economic Crime and Corporate Transparency Act 2023
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Crime and Courts Act 2013
... ... Annotations: Commencement Information # I509 Sch. 8 para. 172 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v) ... Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19) ... (173) The Corporate Manslaughter and Corporate Homicide Act 2007 is amended as follows ... ...
- Offensive Weapons Act 2019
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The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
... ... Authority;“beneficial owner”—(a) in the case of a body corporate or partnership, has the meaning given by regulation 5;(b) in the case of a ... ” has the meaning given by section 340(11) of the Proceeds of Crime Act 2002 ;“money service business” means an undertaking which by way ... ...
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Corporate Crime
Corporate crimes are crimes committed in the course of otherwise legitimate working procedures in respectable organisations. Although corporate crimes can cause many forms of physical, moral and fi...
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Understanding the seriousness of corporate crime
The measurement of public attitudes towards the criminal law has become an important area of research in recent years because of the perceived desirability of ensuring that the legal system reflect...
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Corporate crime: a logical misconception, but with one analytical point
Purpose: In 1988, Donald Cressey published a previously overlooked article. According to Cressey, there was a lack in the agenda of corporate crime research concerning theory and conceptual precisi...
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Corporate crime: a logical misconception, but with one analytical point
Purpose: In 1988, Donald Cressey published a previously overlooked article. According to Cressey, there was a lack in the agenda of corporate crime research concerning theory and conceptual precisi...
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CLLS publishes corporate crime and corruption minutes
CLLS has published the minutes of its Corporate Crime and Corruption Committee meeting in June. The meeting included a presentation by Claire Lipworth, FCA Chief Criminal Counsel, discussion of the...
- Corporate Crime Matters - January 2017
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The Economic Crime Corporate and Transparency Bill
On 22 September 2022, the House of Commons published the Economic Crime and Corporate Transparency Bill (the Bill). Background The Bill is effectively the second part of a legislative package to pr...
- UK Corporate Crime Reform - Law Commission Review