Corporate Law and Statutory Liability

Abstract

This chapter interrogates the approach taken by parliaments and courts to statutory corporate liability, both civil and criminal. In doing so, it examines regulatory philosophy and the role of Parliament and the courts in creating a coherent framework. Forms of liability and models of attributing liability are examined along with potential for reform. A particular focus is on ‘failure to prevent’ offences including the failure to prevent bribery offence under the Bribery Act 2010. The potential for corporate officers to have liability visited upon them is also discussed. The chapter also considers areas in which issues of corporate liability are pressing such as modern slavery and liability for environmental, social and governance matters. Controversies are addressed including reverse burdens of proof and the potential for future reform to add coherence to the treatment of statutory liability and models of attribution across the statute book.