Innocence is no defence

Seitler, Jonathan

Innocence is no defence - 2008 - Estates Gazette (0810) 15 March 2008, 162-163(2) .

Review the aspects of a financial transaction which can be taken to constitute a bribe. Warns that undue payments can be unwittingly made or received. The two main factors are the secrecy of a payment and the effect that payment has on a transaction. The secrecy aspect presents dangers to the payer if he leaves it to the agent to inform others of the payment. To establish the effect of a payment, the creation of a conflict of interest is sufficient. Presents are not normally classed as bribes unless they alter a person's social or financial status. Case law.


ANANGEL ATLAS COMPANIA NAVIERA SA V ISHIKAWAJIMA-HARIMA HEAVY INDUSTRIES CO
LOGICROSSE AMALGAMATES INDUSTRIALS V JOHNSON
ROSS RIVER LTD AND ANOTHER V CAMBRIDGE CITY FC
JAFARI-FINI V SKILLGLASS LTD


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