Corporate Criminal Liability in UK Law
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Three Rivers District Council v Governor and Company of the Bank of England (No. 3)
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"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.
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R v British Steel Plc
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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.
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Odyssey Re (London) Ltd and Another (Claimants/Appellants) v Oic Run-off Ltd (Formerly Orion Insurance Company Plc)
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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.
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R v Nelson Group Services (Maintenance) Ltd
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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.
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TEKRON RESOURCES Ltd v GUINEA INVESTMENT Company Ltd
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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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Serious Crime Act 2015
... ... of a surcharge under section 161A of the Criminal Justice Act 2003; ... (c) an unlawful profit ... 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 ... ...
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Terrorist Asset-Freezing etc. Act 2010
... ... 2020/1535, reg. 3(b) ... 34: Liability of officers of body corporate etc ... ...
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Sentencing Act 2020
... ... in relation to sentencing, see—(a) Criminal Procedure Rules, and(b) sentencing guidelines ... in a relevant programme, any body corporate engaged in providing the service in which the ... ) so as to secure that the offender's liability under that order is the same as it would have ... ...
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The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
... ... owner”—(a) in the case of a body corporate or partnership, has the meaning given by ... corporate is a company or a limited liability partnership and that individual satisfies one or ... owner of a relevant firm,is guilty of a criminal offence ... (13) A person who is guilty of a ... ...
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Corporate criminal liability for Bribery in Kuwait: issues in disclosing commissions
Purpose: This study aims to critically analyse corporate criminal liability for bribery in Kuwait, by focusing on laws and regulations as key problem-solving mechanisms. To that end, it identifies ...
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Corporate criminal liability for Bribery in Kuwait: issues in disclosing commissions
Purpose: This study aims to critically analyse corporate criminal liability for bribery in Kuwait, by focusing on laws and regulations as key problem-solving mechanisms. To that end, it identifies ...
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Corporate Criminal Liability: An Assessment of the Models of Fault
Current theories of corporate criminal liability in the UK are derived from the nominalist perspective. From this perspective, a company is nothing more than a collection of individuals. This artic...
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Corporate Criminal Liability: Sanctions and Remedial Action
This article advances the proposition that there is occurring a sea‐change in the sanctions imposed by courts when companies breach the criminal law. It focuses on the publication of the Law Commis...
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UK corporate criminal liability reform creeps forward
The UK Law Commission is considering whether corporate criminal liability law should be reformed and two weeks ago MPs proposed a new economic crime corporate offence to be included in the Financia...
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Further expansion of corporate criminal liability
With the publication of the draft Criminal Finances Bill 2016-2017 on 13 October 2016, businesses have been put on notice of what stands to be the largest expansion of UK corporate criminal liabili...
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Reform of corporate criminal liability for economic crime
On 13 January, the UK Ministry of Justice issued a Call for Evidence on the reform of corporate criminal liability for economic crime. This follows statements by the UK government in 2016 about ext...
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Corporate Criminal Liability – Perspectives from the US, UK and France
Shakespeare’s observation that the “past is prologue” certainly applies to corporate criminal liability in the UK and France, as these jurisdictions embrace with gusto corporate prosecutions akin t...