Success in the High Court
Our specialist litigation team has successfully completed a complicated High Court case in which one of the main issues related to an allegation of bribery.
Peter Hastings and his team acted for a Company whom had terminated a contract with a supplier. The right to do this was contested. It emerged that during the lifetime of the Contract, a secret arrangement was in place between a representative of the company and the supplier whereby the representative received secret payments. Liability was denied”.
Peter adds “It was inferred in the absence of any other plausible alternative explanation that these secret transfers were in the nature of bribes and were intended to ensure that influence was exerted to ensure the contract continued. By offering and paying the alleged bribes, a gross and fundamental breach of duty of trust and confidence had taken place which in our view amounted to a repudiation the Contract, justifying the termination of the contract”.
The case was settled with damages and costs being paid to our client.
Peter adds:-
“Organisations need to take steps to address the risks of bribery; they need to demonstrate that they have put clear, practical bribery prevention policies and procedures in place.
There are two general offences: the first covers the offering, promising or giving of a bribe – active bribery; and the second is passive bribery – requesting, agreeing to receive, or the accepting of a bribe. Secret payments also gives a right to pursue a civil claim. Bribery cases by their very nature are emotive, with each party normally having widely conflicting versions of the events. The need to gain a clear understanding of the entire circumstances is crucial together a full analysis of the facts and documentation, including emails”
For further information on any litigation and dispute resolution matters contact Peter Hastings on 01603 675639 or email ph@rogers-norton.co.uk.