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Plans to amend the law regarding corporate criminal liability are assessed by Aziz Rahman and Francesca Cassidy-Taylor

Authors: Azizur Rahman, Francesca Cassidy-Taylor  26 June 2023

The potentially far-reaching effects of the recently-announced amendment to the law on corporate criminal liability were considered in detail by Aziz Rahman and Francesca Cassidy-Taylor.

In an article, which was published by FT Advisor,  Aziz and Francesca outline the significance of the change that will see senior managers considered to be the ‘directing mind and will’ of a business – the concept most commonly referred to as the ‘identification principle’. 

They state that this change, which has been added to the Economic Crime and Corporate Transparency Bill, is a major reform to the identification doctrine. It is, they argue, a targeting of corporates in an attempt to enhance accountability, improve transparency and ensure better business behaviour across all business sectors.

Aziz and Francesca explain that the identification principle in its current form has offered large corporations the opportunity to evade liability for criminal conduct, as their complex management structures have made it hard for investigators to identify individual decision makers.  But the change will prevent this in the future, although its effectiveness may depend on defence lawyers’ challenges to its use,  the resources available to enforcement agencies and their willingness to go down the prosecution route.

The full article can be read here.

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Azizur Rahman

Senior Partner

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Aziz Rahman is Senior Partner at Rahman Ravelli and its founder. His ability to coordinate national, international and multi-agency defences has led to success in some of the most significant corporate crime cases of this century and top rankings in international legal guides. He is recognised worldwide as one of the most capable legal experts regarding top-level, high-value commercial and financial disputes.

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Francesca Cassidy-Taylor

Senior Associate

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Francesca’s experience of top-level, multinational corporate crime investigations and her ability to identify the best route for clients has made her the first choice of many high net worth individuals, senior business figures and professionals.
She is sought by corporates for advice and representation on compliance matters; including responding to whistleblower complaints and conducting internal investigations and risk assessments.

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