Tag Archives: crime

get out of jail free card from monopoly

Get Out of Jail Free: s 188B(3) of the Enterprise Act 2002

Angus MacCulloch

What is the impact of the ‘legal advice’ defence to the cartel offence in s 188B(3) of the 2002 Act? Could it make it easy to escape prosecution?

I recently delivered my UG competition law lecture on Cartels. It’s an occasion I always enjoy and gives me an opportunity to approach the topic afresh on an annual basis [the feedback I receive is always extremely helpful too]. This year it was the first time that I had the opportunity to talk through the new defences to the UK cartel offence since the controversial ‘dishonesty’ element was removed by the Enterprise and Regulatory Reform Act 2013. I have described one of the new defences inserted into the Enterprise Act 2002, the ‘legal advice’ defence in s 188B(3), as ‘bizarre’ in the new edition of our textbook, but in this post I want to set out what I perceive the problems to be. I want to develop these ideas into a longer piece, but for now I want to pose some of the questions I think need answering. My fear is that the ‘legal advice’ defence could become a get out of jail free card rendering the UK cartel a dead letter in all but the most extreme cases.

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fingers typing on keyboard

Googling Jurors: the Law Commission Proposals

Prof Alisdair A. Gillespie

In December the Law Commission produced their first report on contempt of court. This is a tricky area of law and the Law Commission has decided (correctly) that it is necessary to consider the issue over several pieces. The first report concerns juror misconduct and, in particular, internet publications.

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