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Global Responsibilities: A brief introduction t o the legal framework

Global Responsibilities: A brief introduction t o the legal framework James Downie, Stronachs LLP. Introduction Global responsibilities - a huge area Will approach as the responsibilities we have overseas by virtue of UK law or law of overseas jurisdiction

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Global Responsibilities: A brief introduction t o the legal framework

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  1. Global Responsibilities: A brief introduction to the legal framework James Downie, Stronachs LLP

  2. Introduction • Global responsibilities - a huge area • Will approach as the responsibilities we have overseas by virtue of UK law or law of overseas jurisdiction • Won’t consider “moral” issues - just obligations • Will use examples Bribery Act - UK Act with worldwide reach Overseas law holding UK Company responsible - the importance of law of the jurisdiction

  3. Example 1UK Legislation with overseas reach • Many businesses have codes of conduct Ethical Behaviour • Heath, Safety, Environment • Anti-corruption • International trend towards greater transparency and accountability • Bribery Act 2010 • Four Key Offences • Bribing (Section 1) • Requesting a bribe (Section 2) • Bribing a foreign public official (Section 6) • [Corporate criminal liability - a problem] • Failure to prevent bribery (Section 7)

  4. Territorial reach & penalties • UK company, British citizen, UK resident • Corporate offence – which companies are covered? • The penalties • Bribery Act has been criticised - too onerous/wider reaching than other countries?

  5. Example 2The Effects of Overseas Law Holding a parent liable/indirectly liable for group companies • Separate legal personality • Chandler v Cape plc - where a parent has a duty to 3rd parties • Implications of Chandler v Cape - worldwide/areas outwith employment? • Akpan v Royal Dutch Shell • Maybe you can’t ring -fence overseas operations - the importance of the law of the overseas jurisdiction

  6. Questions & discussion

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