Publication of the Third edition of Lissack and Horlick on Bribery and Corruption

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 broke new ground in creating the “failure to prevent” offence for corporates in section 7, a development which has been widely copied – and, indeed, widely criticised.

Lissack and Horlick on Bribery and Corruption, now in its Third Edition, is the most comprehensive guide available to both the Bribery Act and its precursor statutes. Authoritative, accessible both to specialists and a lay audience, and practical, it covers the history of bribery and corruption enforcement in the UK, and describes how these offences are investigated and prosecuted today, providing key insights into how the Serious Fraud Office, the UK’s leading prosecutor for serious fraud and bribery, wields its powers. It gives practical assistance in determining when a corporate’s procedures will be “adequate” for the purposes of the section 7 offence – and when they may not.

In addition, it covers:

• Multilateral co-operation between prosecuting authorities, a growing challenge for corporates as evidenced by cases such as Airbus and Rolls-Royce;
• Statutes and enforcement patterns in a wide range of jurisdictions across the world, including the US and EU;
• The extensive asset freezing powers, including unexplained wealth orders, available to UK prosecutors;
• Which sectors are most vulnerable to bribery and corruption.

For the first time in the Third Edition, it looks at how Multilateral Development Banks such as the World Bank Group deal with corruption issues – referred to internally as sanctionable practices – and the sanctions regimes they operate. It also examines the application and suitability of the existing legislation to fighting corruption in sport, and reports on the use of behavioural science in anti-corruption and other compliance programmes. And it deals not only with criminal enforcement, but also how bribery issues arise in civil matters, including those arising in commercial litigation and international arbitration.

With a foreword by the Lord Chief Justice, the Rt Hon the Lord Burnett of Maldon, Lissack and Horlick on Bribery and Corruption is published by LexisNexis, and is available both in print and electronically to LexisNexis subscribers.

About the Authors

Edited by Richard Lissack QC of Fountain Court and Fiona Horlick QC of Outer Temple Chambers, contributors come from Outer Temple and Fountain Court as well as many other top commercial chambers and law firms in London and globally including:

• Cadwalader, Wickersham & Taft LLP
• Clifford Chance
• Charles Russell Speechlys LLP
• Eversheds Sutherland LLP
• Freshfields Bruckhaus Deringer LLP
• Hughes Hubbard and Reed LLP
• Kim & Chang
• Lex Counsel
• Linklaters LLP
• Ropes & Gray LLP

Members of Outer Temple that have contributed include:

• Fiona Horlick QC
• Nicholas Johnson QC
• John McKendrick QC
• Tim Nesbitt QC
• Dr Ali Almihdar
• James Arnold
• Alex Haines
• Nicholas Hill
• James Leonard
• Sophie O’Sullivan
• Oliver Powell
• Jeremy Scott-Joynt
• Louis Weston

Ten chapters of this book will be serialised on the Outer Temple website over the next ten weeks, each excerpt authored by the book’s contributing Outer Temple member. Follow us on Twitter and LinkedIn for notifications.

Find out more

If you would like to discuss any of the issues covered in this article please contact Fiona directly or via her practice management team; Paul Barton or Mark Gardner on +44 (0)20 7353 6381 who would be happy to have a discussion in the strictest of confidence.

External Publications 30 Sep, 2020