Bribery Act 2010 (the “Act”)

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Bribery Act 2010 (the “Act”)

On 15 March 2011, Richard Lissack Q.C and Robert-Jan Temmink both of Outer Temple Chambers gave a seminar to partners and fee earners at Glovers.

Richard Lissack Q.C. is the co-author of the textbook, Lissack and Horlick on Bribery which is due to be published in April 2011.

Robert-Jan Temmink is also a contributor to the book and has written articles, including an article in the New Law Journal, on the Act.

The Act has been controversial since its inception, creating as it does for the first time a new corporate offence of failing to prevent a bribe.

It is a defence under the Act if “adequate procedures” have been put in place.  However, implementation of the Act, which was due to come into force in April, has been delayed by the Ministry of Justice pending further guidance on what “adequate procedures” comprise.

The Act, described as one of the toughest anti-bribery regimes in the world, will require all businesses to carry out a risk assessment and establish a culture of “zero tolerance” for bribery, Richard Lissack Q.C. said during the course of his talk. 

Please note that this information is provided for general knowledge only and therefore specific advice should be sought for individual cases.

 

For further information, please contact Paul Gilks at