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Update: commercial property

The Forsters team assess the relevance of the Bribery Act 2010 for commercial property developers, a right to light case and a ruling on demolition works

23 May 2011

Bribery Act

The Bribery Act 2010 is due to come into force on 1 July 2011 and has generated much publicity. It will repeal and replace the common law bribery offence and various statutory offences which prohibit corrupt behaviour. The Act is intended to strengthen the UK’s approach to anti-bribery and to impose a structure for investigating and eliminating bribery. The penalties for non-compliance are potentially severe – a maximum prison sentence of ten years for individuals or an unlimited fine.

The much-publicised new offence is failure by a relevant commercial organisation to prevent any associated persons from bribing people for the organisation’s benefit.

To break down the definition: a “relevant commercial organisation” is a company or partnership incorporated or formed in the UK, or a company or partnership incorporated or formed outside the UK which does business in the UK. An “associated person” is anyone who perform...

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