Corporate Criminal Liability – can we learn from international approaches?
01 July 2021, 16:30 - 18:00
As part of that review, the Law Commission has arranged a series of webinars to explore different aspects of corporate criminal liability. On July 1, 2021 the Centre for Financial Law, Regulation & Compliance (FinReg) and the Law Commission will host a webinar to explore issues related to corporate criminal liability.
Speakers and Chair:
- Chair: Barnaby Hone, 5SAH Chambers
- Mayling Blanco, Norton Rose Fulbright US
- Dr Robin Lööf, Fountain Court CHambers
- Dr Lorenzo Pasculli, Coventry University
- Professor Jennifer Quaid, University of Ottawa
Corporate criminal liability is a contentious issue: should companies ever be held criminally liable for actions of employees? If so, what form should that liability take? Should there be more ‘failure to prevent’ offences? Does criminal liability unfairly punish innocent shareholders or employees? Would civil liability be a better alternative? What practical differences exist in investigating wrongdoing by large companies in contrast to small firms? Are negotiated settlements a fair solution?
In recent years, there have been many calls for a review and/or overhaul of corporate criminal liability in the UK. In January 2017, the Ministry of Justice published its ‘Corporate liability for economic crime: call for evidence’, with the identification principle being a prominent part of that document. In November 2020, the government published its response to the call for evidence – stating that the evidence submitted was ‘inconclusive’ and that further review is needed before any change might be considered. Thus, the Law Commission was asked to investigate this area of law and provide options for reform.
This webinar, in collaboration with FinReg, will explore international experiences of corporate liability, with reference to approaches in Australia, Canada, Germany, Italy, and USA.