The Ministry of Justice guidance sets out procedures which commercial organisations can put into place to prevent persons associated with them from bribing. There are six guiding principles: proportionate procedures; top level commitment; risk assessment; due diligence; communication (including training); monitoring and review.
The case was helpful in confirming that the insured’s right to provide external legal assistance is not limited to when the insurer takes the view that external legal advice should be sought altough, it does not clarify whether the insured’s right to choose a lawyer would arise before or after court proceedings have been raised.
HEIs will frequently encounter liquidated damages clauses in the course of negotiating commercial contracts. As noted in this case, the issue can also arise in an employment law context.
Earlier in 2013, the Institute of Chartered Secretaries and Administrators (ICSA) announced that it had published revised guidance on the terms of reference for audit, nomination, remuneration, risk and executive committees, together with updated guidance on ‘matters reserved for the Board’. As part of the guidance, it appears that ICSA have updated their ‘model terms of reference’ and ‘list of matters reserved for the Board'.
Key points: Audit Committee guidance; Report from Whistleblowing Commission; Recovery of recruitment fees and penalty clauses; Legal expenses insurance and right to choose lawyer; FAQ: Bribery Act 2010: Is there any guidance on ‘adequate procedures’?