Corporate Criminal Liability in UK Law

Leading Cases
  • Three Rivers District Council v Governor and Company of the Bank of England (No. 3)
    • Court of Appeal (Civil Division)
    • 04 December 1998

    "There is no doubt in my mind that BCCI has centralised its management, control and operations in the City. This is a UK- based bank, with its White House encompassing two buildings fronting Leadenhall Street and three at the rear. There is absolutely no way that we should continue the pretence that Luxembourg are the prime supervisors.

  • R v British Steel Plc
    • Court of Appeal (Criminal Division)
    • 20 December 1994

    In our judgment the decision in Tesco does not provide the answer to the problem of construction before us. The answer must be found in the words of section 3(1) of the 1974 Act read in its contextual setting.

    We are, of course, bound by these two decisions. But we have had the benefit of argument calling them into question. If we had to consider the matter de novo we would have still concluded that the words of section 3(1) are in context capable of one interpretation only, namely that subject to the defence of reasonable practicability, section 3(1) creates an absolute prohibition.

    After all, as Stuart-Smith L.J. observed in Octel, section 3(1) is framed to achieve a result, namely that persons not employed are not exposed to risks to their health and safety by the conduct of the undertaking. If we accept British Steel's submission, it would be particularly easy for large industrial companies, engaged in multifarious hazardous operations, to escape liability on the basis that the company through its "directing mind" or senior management was not involved.

  • R v Nelson Group Services (Maintenance) Ltd
    • Court of Appeal (Criminal Division)
    • 30 July 1998

    Mr Wood struggled valiantly to escape from the fact that the two verdicts cannot be reconciled having at the outset of his skeleton argument conceded that there was a logical inconsistency in the verdicts. In the view of this court what Mr Wood's submission came down to was that the jury may have had considerable sympathy for Mr Radcliffe and little sympathy for the appellants. We content ourselves with saying that if that indeed was the jury's approach then that was an improper approach.

  • Odyssey Re (London) Ltd and Another (Claimants/Appellants) v Oic Run-off Ltd (Formerly Orion Insurance Company Plc)
    • Court of Appeal (Civil Division)
    • 13 March 2000

    Applying the test suggested, I am satisfied that, at the time that he went into the witness box in November 1989, Mr Sage did have the status necessary to make his evidence the evidence of Orion. In my judgment the two most important considerations are, first, that he was the witness, above all others, on whose evidence the success of Orion's case had come to depend.

  • TEKRON RESOURCES Ltd v GUINEA INVESTMENT Company Ltd
    • Queen's Bench Division
    • 24 November 2003

    The court should look at the substance of the transaction. It should look to see what genuine and proper services the party was to perform. It seems to me probable that, if the intention was that influence should be used to secure that a contract should be awarded, or awarded on terms, contrary to the interests, economic, national or other, of the awarding party, or without proper consideration of those interests by the awarding party, then there would be an abuse of influence.

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Legislation
  • Data Protection Act 2018
    • UK Non-devolved
    • January 01, 2018
    ......, detection or prosecution of criminal offences or the execution of criminal penalties, ... (3) The notice may be given to a body corporate or unincorporate— . (a) (a) by sending it by ... the applicant in respect of liability to pay costs, expenses or damages in connection ......
  • Serious Crime Act 2015
    • UK Non-devolved
    • January 01, 2015
    ...... of a surcharge under section 161A of the Criminal Justice Act 2003;. . . (c) an unlawful profit ... S-37 . Exemption from civil liability for money-laundering disclosures 37 Exemption ... . Any person who- . (a) is a body corporate engaged in providing the programme service in ......
  • Coronavirus Act 2020
    • UK Non-devolved
    • January 01, 2020
    ......) (Scotland) Act 2003 (asp 13), the Criminal Procedure (Scotland) Act 1995 and related ... a person in respect of a qualifying liability incurred by the person, or . (b) (b) make ... with the Scottish Parliamentary Corporate Body; . (g) (g) is employed under a contract of ......
  • Corporate Insolvency and Governance Act 2020
    • UK Non-devolved
    • January 01, 2020
    ....... (7) However, in criminal proceedings in which the person is charged with an offence other than a ... (a) (a) any debt or other liability to which the company becomes subject before the moratorium comes into ......
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Books & Journal Articles
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Law Firm Commentaries
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