Prevention principle meaning

In this issue Key DR developments Claims and remedies Cross-border disputes Injunctions Litigation Case management Civil appeals Scottish Dispute Resolution New content Dates for your diary Useful information LexTalk®Dispute Resolution: a Lexis®Nexis community Daily and weekly news alerts Key DR developments Speeches Master of the Rolls delivers a speech that highlights the International Jurisdiction Taskforce to align digital asset laws The Courts and Tribunals Judiciary has released the speech by Sir Geoffrey Vos, Master of the Rolls, delivered on 6 November 2025 at the 45th Anniversary of the Centre for Commercial Law Studies, Queen Mary University of London. In that address, he set out the creation and remit of the International Jurisdiction Taskforce—an international body formed in July 2025 to foster alignment of private law systems for digital assets, digital finance and digital trade across multiple jurisdictions, including the UK, the United States of America, France, Singapore, Australia, Japan...

In this issue: Social housing Education Planning Local government finance Public procurement Governance Healthcare Social care Licensing Environmental law and climate change LexTalk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content Social housing Local authority successful in Court of Appeal on suitability of accommodation offered in performance of prevention duty (Fatolahzadeh v LB of Barnet) Fatolahzadeh v LB of Barnet saw Genevieve Screeche-Powell represent the council, which prevailed in resisting a Housing Act 1996 (HA 1996), section 204 appeal pursued by a homeless applicant. Two central issues of principle arose: (i) whether Parliament intended that an alleged non-compliance with the ‘new’ HA 1996, s 189A duties should automatically vitiate any later decision taken to meet the duty to secure suitable accommodation; and (ii) the extent to which the section 202 review procedure can rectify asserted shortcomings. This marks the first occasion on which the Court...

In this issue: Advertising, marketing and sponsorship Confidential information Contracts International Sale and supply of goods Supply of services Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—12 November 2025 A single complaint reached the Advertising Standards Authority (ASA) regarding a TV and YouTube advert by Select Specs Ltd promoting its prescription spectacles range. The ASA upheld all three matters it examined. See: LNB News 12/11/2025 10. ICC publishes fifth edition of Environmental Marketing Communications Framework The International Chamber of Commerce (ICC) has issued the fifth edition of its Framework for Responsible Environmental Marketing Communications, setting global self-regulatory benchmarks for environmental marketing claims. See: LNB News 07/11/2025 36. Confidential information Company Director held personally liable for misuse of confidential information (Kieran Corrigan v OneE Group & others) This High Court decision arose from a claim of misuse of...

Section 7 of the Bribery Act 2010 (BA 2010) introduced a corporate criminal offence of failing to prevent bribery. A defence is available where a commercial organisation can show it had adequate procedures in place to prevent it. The Ministry of Justice (MoJ) has published guidance on the procedures organisations should adopt to prevent bribery, framed around six principles. These principles are not prescriptive; they are designed to be flexible and outcome-focused. Bribery prevention measures should be proportionate to the organisation’s risk exposure. Once established, they should be monitored, reviewed and evaluated, a point reinforced by MoJ principle 6—Monitoring and review. This How to guide sets out some of the ways organisations can monitor, review and evaluate their anti-bribery and corruption procedures. Importance of monitoring systems Effective monitoring and review are vital to the long-term sustainability of an organisation’s anti-bribery and corruption programme and to its capacity to demonstrate adequate operating procedures. Principle 6 of the MoJ guidance provides that organisations should monitor and review procedures intended to...

The Ministry of Justice (MoJ) guidance for commercial organisations on preventing bribery is centred on six principles. These are not prescriptive; they are intended to be flexible and focused on outcomes. Bribery prevention procedures should be proportionate to the level of risk the organisation faces. Accordingly, the measures adopted to deliver an organisation’s anti-bribery policies ought to be designed to: mitigate identified risks, and prevent deliberate unethical conduct by associated persons Communicating policies and procedures to staff at every level, and providing training on their practical use, is a vital element. This is reinforced by MoJ principle 5 on Communication (including training). This Practice Note outlines ways to train staff and raise awareness of anti-bribery and corruption issues. Top-level commitment A consistent theme in the MoJ guidance is the importance of commitment from the top. Effective leadership in preventing bribery will take different forms that are suitable for, and proportionate to, an organisation’s size, management structure and particular circumstances...

Conditions precedent in standard form contracts In many construction contracts, a party looking to pursue a claim under the contract must comply with a specified process as prescribed by the terms. Typically, the claiming party is required to serve a particular notice, which may then be followed by a further notice and/or fuller particulars, on the other party and/or the contract administrator, in a set form and meeting stated requirements as to content and layout. Frequently, these notice clauses also include a so‑called ‘time bar’, meaning the notice(s) must be given within a defined period specified by the contract. Where the time bar is expressed as a condition precedent, any failure to follow the contractual steps results in the claiming party losing its right to advance the claim, regardless of how compelling the underlying case might otherwise be, and even where the claim would otherwise be well‑founded. The inclusion of such time‑bar provisions has become increasingly prevalent, and they now feature in some standard form contracts (see Conditions precedent...

What’s the issue? The Serious Crime Act 2015 (SCA 2015) creates an offence for involvement in the activities of an organised crime group. Participation Engaging in any conduct that you know, or reasonably suspect, either: (a) constitutes the criminal activities of an organised crime group; or (b) will assist an organised crime group to continue its criminal activities. Criminal activities Conduct amounting to offences carrying a maximum sentence of seven years or more (eg drug or human trafficking, firearms offences, fraud, child exploitation and cybercrime). No financial gain needs to be present. Organised crime group An organised crime group means three or more individuals who act, or agree to act, together to advance the pursuit of criminal activities. This is a wide-ranging definition. In principle, the offence could arise in relation to any conduct that helps, facilitates or amounts to participation in, eg a conspiracy to steal or to commit...