Inadequate procedures?

Last month the government published its draft guidance on the measures that are likely to constitute “adequate procedures” for the purposes of establishing a defence to the corporate offence under the Bribery Act 2010. At the same time, the government launched an eight week consultation on the draft guidance, which is expected to be finalised in January 2011 following the consultation report. While welcoming the initiative, Tony Lewis and Alexandra Underwood of Field Fisher Waterhouse warn that huge areas of uncertainty remain.

Tony Lewis (+44 (0)20 7861 4940, tony.lewis@ffw.com) is head of the fraud and anti-corruption group at Field Fisher Waterhouse LLP, and Alexandra Underwood (+44 (0)20 7861 4666, alexandra.underwood@ffw.com) is a senior associate in the group.