Odious Debts

Are British corruption laws up to scratch?

Anita Esslinger, Times Online
March 14, 2007

U.K. legal expert Anita Esslinger compares British anti-corruption laws to pornography in terms of clarity. Drawing on a quote by former U.S. Supreme Court Justice Potter Stewart who once famously said that although he might not be able to define pornography, “I know it when I see it.” The same might be said for the definition of “corruption” under laws applicable in the United Kingdom, writes Esslinger.

In a report entitled, “Are British Corruption Laws Up to Scratch?” Esslinger, a partner at the law firm Bryan Cave, suggests anti-corruption legislation in the U.K. remains unclear.

Legislation in the U.K. dates back to statutes drafted in the late 1800s, known as the Prevention of Corruption Acts 1889 to 1916. These statutes aimed at the bribery of public officials and/or agents (whether in the public or private sector), broadly prohibit “corruptly” giving an advantage as an inducement or reward for doing or forbearing
to do something relating to a public body, or to show favour or disfavour to any person in relation to the affairs or business of an agent’s principal. Although the corruption statutes prohibit such acts that are done corruptly, they do not define that term.

Read the full http://business.timesonline.co.uk/tol/business/law/article1516208.ece

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