3 March, 2021

Is business becoming criminalised?

Criminal law is increasingly used to regulate business. Edward Sparrow and Angela Pearson of law firm Ashurst argue that the rule of law and the established legal process are being challenged.

Corporate crime, businessman behind bars, criminal law

Corporate crime. Photo: sakhorn, Shutterstock

Following the financial crisis of 2008, companies and their management in the UK work in a new regulatory landscape. Criminal law is increasingly used to regulate business; and prosecutors, regulators and lawmakers are aggressive in their pursuit of corporate misbehaviour and what is perceived as wrongdoing. The press and parliamentarians demand quick allocation of blame and punishment when something goes wrong. In addition, long-standing legal principles are under pressure. Many observers believe these demands risk undermining the rule of law and the rights of the individual. Edward Sparrow, partner in dispute resolution at law firm As

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Angela Pearson, ashurst, Bribery Act, corporate crime, corporate governance, criminal law, DPAs, Edward Sparrow, FCA, LPP, Maxwellisation, risk management, SFO, Summer 2017