News & Events
News & Events
Fiona Horlick QC, as co-editor and major contributing author of Lissack and Horlick on Bribery and Corruption, authored chapter 4, 7 and 14 of the third edition. Fiona provides a definitive guide to bribes, NGOs in the bribery and corruption arena and analysis of the prosecution authorities in the UK. In Chapter 4, a definitive guide to ‘When is a benefit a bribe’, Fiona has looked at what is a ‘financial or other advantage’ in the Bribery Act 2010 offences. In essence, a ‘bribe’ is a financial or other advantage used to induce or reward the improper performance of a function or activity. However, it is evident that not every payment or benefit will fall into the definition of a…
External Publications 18 Nov, 2020
Louis Weston co-authors Chapter 13 of Lissack and Horlick on Bribery and Corruption with specialists at Charles Russell Speechlys to set out the extent and forms of corruption in sport and the relevant legislative and common law powers, and civil and regulatory powers to tackle it. Louis Weston collaborated with Charles Russell Speechlys LLP’s Danielle Sharkey and Caroline Greenwell to focus on corruption in sport in Chapter 13. The commercialisation of sport and the massive influx of income and commercial opportunity that have grown alongside that commercialisation have led to a mirrored growth in corruption in sport in all forms and at all levels. The awards of games, tournaments and competitions are beset by corrupt payments and bribes with notorious examples in FIFA…
External Publications 11 Nov, 2020
Carin Hunt’s article titled ‘Brownlie v Four Seasons (No. 2): A Binding Decision on the Meaning of the Tort Jurisdiction Gateway, For Now’ has been published in the New Law Journal. On 29 July 2020 the Court of Appeal handed down judgment in Brownlie (No. 2) [2020] EWCA Civ 995, the most recent instalment of one of the longest-running jurisdiction disputes in English personal injury law. It upheld the decision of Nicol J and agreed with the majority of the Supreme Court in Brownlie (No. 1), [2017] UKSC 80. Carin’s article considers the facts of the case, the issue on appeal, the Court of Appeal’s decision and a question of evidence and procedure in the pleading of foreign law You…
External Publications 5 Nov, 2020
Nick Johnson QC and James Arnold authored the twelfth chapter of Lissack and Horlick on Bribery and Corruption. This chapter summary looks at employment and whistleblowing. What are the practical implications of the Bribery Act 2010 in the workplace? What duties are owed by an employee to their employer in relation to bribery and corruption, and how does an employee report such conduct at work without fear of reprisal? Chapter 12 of Lissack and Horlick on Bribery and Corruption addresses and explains fundamental concepts about the relationship between employee and employer through the prism of anti-bribery practice in the workplace: Section 1 deals with the terms and duties implied into an employee’s contract of employment not to commit acts of…
External Publications 4 Nov, 2020
Daniel Barnett and Jeremy Scott-Joynt have updated the market-leading Employment Law Handbook. First published in 1999, the eighth edition of the Employment Law Handbook provides a comprehensively updated overview of employment law. Lord Neuberger, past President of the Supreme Court, says in his foreword: “This book makes employment law simple… I commend it as a reliable, user-friendly and clear guide to anyone with an employment law problem.” The latest handbook provides a comprehensively updated overview of employment law. Fully revised and rewritten, it covers: Employment status Unfair and wrongful dismissal Discrimination Redundancy Transfer of undertakings Health & safety at work Remedies and compensation Tribunal procedure For more information and to purchase a copy, please visit www.employmentlawhandbook.co.uk About the Authors Daniel…
External Publications 3 Nov, 2020
Nick Johnson QC, Nick Hill and Sophie O’Sullivan authored the third chapter of Lissack and Horlick on Bribery and Corruption. This chapter summary looks at the four primary categories of offence under the Bribery Act 2010, with reference to recent trials, caselaw, guidance and deferred prosecution agreements. It is part of a serialisation of the chapters that members of Outer Temple contributed to the publication. The Bribery Act 2010 abolished the common law offences and swept away the somewhat outdated nineteenth and twentieth century Prevention of Corruption Acts, to provide clarity to bribery law by putting the offences in a singular, statutory context. Chapter 3 of Lissack and Horlick on Bribery and Corruption answers core and fundamental questions about the composition and scope of…
External Publications 21 Oct, 2020
Oliver Powell authored the second chapter of Lissack and Horlick on Bribery and Corruption. The following is a summary of his chapter, giving an overview of UK legislation prior to the Bribery Act 2010. It is part of a serialisation of the chapters that members of Outer Temple contributed to the publication. As a result of piecemeal development over more than 100 years, the legislative framework which preceded the Bribery Act 2010 (‘BA 2010’) was complicated and confusing. The second chapter of Lissack and Horlick on Bribery and Corruption not only provides clarity on the pre-existing law but it also sets out how the Courts have dealt with pre-BA 2010 offences, which is highly significant given that the new offences…
External Publications 13 Oct, 2020
David Russell AM QC ‘s article on ‘The Reciprocal Enforcement of Civil Judgments Between India and the UAE’ was recently published in the MENA Business Law Review. The Agreement between the United Arab Emirates and India on Juridical and Judicial Cooperation in Civil and Commercial Matters was signed in 1999 and ratified in 2000. In January 2020, the Government of India notified the UAE as a “reciprocating territory” for the purposes of recognising UAE civil judgments in India without a re-examination of the merits of the underlying dispute. The Treaty is a reflection of the close cultural and economic ties between the two countries. The mutual recognition of civil judgments between a civil law jurisdiction and a common law jurisdiction…
External Publications 8 Oct, 2020
Jeremy Scott-Joynt authored the first chapter of Lissack and Horlick on Bribery and Corruption. Jeremy has summarised his chapter on the UK’s history of anti-corruption enforcement as part of a serialisation of the chapters that members of Outer Temple contributed to the publication. Corruption is universal. Human beings striving for advantage have always sought it by suborning the servants of their rivals. No group or nation is immune, and the UK is no exception. Its history is replete with examples, from rotten boroughs and army commissions bought and sold to Rachmanism and parliamentary sleaze. In typical English fashion, though, the enforcement framework confronting what has, at times, been endemic bribery and corruption had until 2010 developed piecemeal, through a tattered…
External Publications 7 Oct, 2020
Anthony Lo Surdo SC writes for Resolution Institute on the future of Alternate Dispute Resolution in Sport: the National Sports Tribunal. Sport’s governing bodies are leading exponents of alternative dispute resolution (‘ADR’) in the resolution of disputes in organised sports. However, given the breadth of sporting interests which range from amateur, to semi-professional and professional, not all sports are well-equipped to determine the types of disputes that frequently arise between participants. The National Sports Tribunal was established to level the playing field in the area of sports dispute resolution by providing for an effective, efficient, independent, transparent and specialist tribunal for the fair hearing and resolution of sporting disputes. It does so by employing a full suite of ADR processes and…
External Publications 6 Oct, 2020
We are delighted to announce that the Third edition of Lissack and Horlick on Bribery and Corruption has been published by LexisNexis Butterworths. The practitioner’s book was edited by Fiona Horlick QC and Richard Lissack QC, and was contributed to by a number of Outer Temple members. In 2010, the UK’s law on bribery changed from a collection of ancient statutes, distorted in some cases by contradictory authority, to a single statute often regarded as one of the most rigorous, and wide-ranging in application, in the world. Since coming into force in 2011, numerous prosecutions were brought on the basis of the Bribery Act as well as five of the eight deferred prosecution agreements reached in the UK to date. It…
External Publications 30 Sep, 2020
Louis Weston writes for LawInSport on why the World Anti-Doping Code’s new ‘Substances of Abuse’ 2021 regime needs urgent clarity. In January 2021, the WADA Code changes to allow substantially reduced suspensions for athletes who test positive for ‘Substances of Abuse’. This term is yet to be defined but it is expected to include recreational drugs like cocaine and cannabis. In his article, Louis identifies the Substances of Abuse changes and considers what National Anti-Doping Organisations (NADO) and Sports Governing Bodies (SGB) that have incorporated the WADA Code now need to do to prepare considering the new regime applies retroactively. Louis also explores the reasoning behind the changes and the potential procedural problems for SGBs, athletes and participants. The Article…
External Publications 14 Aug, 2020
