Allison Clare QC has written a feature piece for New Law Journal magazine marking the 10th anniversary of the Bribery Act.
In a piece entitled "Individuals versus corporates: who shoulders the blame in bribery cases?" Allison examines the 'adequate procedures' defence, the relevance of individual fault to corporate blameworthiness and the emerging role of corporate culture. She says:
"After ten years of the Act’s operation, one of the most vexed questions remains the legal and factual basis for the section 7(2) adequate procedures defence. The question is particularly challenging when the relevant commercial organisation [RCO] facing a failure to prevent allegation had extensive anti-bribery and corruption [ABC] policies in place but one or more of its employees caused or permitted their circumvention.
In the absence of direct judicial guidance, some assistance can be gained from a number of sources: consideration of the underlying purpose of the adequate procedures defence, the terms of the Bribery Act itself, cases thus far and the ‘Corporate Culture’ concept."
Read full piece in New Law Journal: [Individuals versus corporates: who shoulders the blame in bribery cases?]
Allison Clare QC specialises in complex fraud, corruption and money laundering allegations.
(Many thanks to Alex Benn, a pupil at Red Lion Chambers, for their assistance with this article)