News & Events
News & Events
Dr Ali Almihdar authored chapter 31 of Lissack & Horlick on Bribery and Corruption. Ali’s new chapter focuses on the scale of corruption in the Middle East and the major challenges it presents. As part of a serialisation of chapters that members of Outer Temple contributed to in this latest edition, the authors have been summarising their chapters every week. This Chapter is designed to provide a survey of one of the most lamentable traits in human behaviour. The geographical area that it is meant to cover is what is the Middle East and more specifically the Gulf Cooperation Council States. Its temporal span starts from before the advent of the religion of Islam in the Arabian peninsula to today’s…
External Publications 9 Dec, 2020
John McKendrick QC authored chapter 24 of Lissack & Horlick on Bribery and Corruption. John’s new chapter focuses on the scale of corruption in Latin America and the Caribbean and the major challenges it presents. As part of a serialisation of chapters that members of Outer Temple contributed to in this latest edition, the authors have been summarising their chapters every week. The scale of corruption, and the major challenge it presents to all aspects of Latin American and Caribbean society, have increasingly moved to a dominant, indeed, overwhelming centre stage in public discourse in recent years. Latin America An incessant number of scandals have emerged. The largest has been the “Car Wash” scandal (“Lava Jato”) which began in Brazil…
External Publications 2 Dec, 2020
Alex Haines authored chapter 20 of Lissack & Horlick on Bribery and Corruption. Alex’s new chapter focuses on the Sanctions Regimes of Multilateral Development Banks. As part of a serialisation of chapters that members of Outer Temple contributed to in this latest edition, the authors have been summarising their chapters every week. Introduction In Summer 2020, it was announced that USD $250 billion would be deployed over the next 18 months in spare lending capacity by Multilateral Development Banks (MDBs) following the continued effects of the COVID-19 pandemic. The nature of MDB financing makes MDBs vulnerable to a range of corruption risks from an array of different agents. Increased activity from the MDBs’ increasingly sophisticated and well-resourced investigatory offices…
External Publications 25 Nov, 2020
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
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
Fiona Horlick QC and Oliver Powell co-authored the eleventh chapter of Lissack and Horlick on Bribery and Corruption. The following is a summary of the chapter, giving an overview of UWOs and AFOs. It is part of a serialisation of the chapters that members of Outer Temple contributed to the publication. The introduction of Unexplained Wealth Orders (‘UWOs’) was first proposed by Transparency International UK in June 2015, as a solution to the “critical gaps in the UK legal framework which are being exploited by corrupt individuals and companies”. Chapter 11 of Lissack and Horlick on Bribery and Corruption demystifies the statutory framework which gives law enforcement agencies new capabilities and powers to recover the proceeds of crime, and to tackle money…
News 28 Oct, 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
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
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
Michael Bowes QC advised Encoded Media on the FCA investigation into whether technology was misused by the company. This investigation was recently covered by the Financial Times. Michael Bowes QC advised Encoded Media, a UK technology company, in respect of an FCA investigation into whether technology used by the company to broadcast comments at press conferences given by the then governor of the Bank of England, Mark Carney, was somehow misused because it allegedly allowed some traders to hear the comments up to eight seconds faster than rivals watching on slower television feeds. He was instructed by Andrew Wand of Capstick Dale. Michael Bowes QC advised the company that its broadcasting of information given at a press conference did not…
News 24 Sep, 2020
