2 posts from law firm Herbert Smith Freehills on 5 and 15 May were concerned with 2 recently released judgments in the UK which consider the “directing mind and will” of a company. The cases concern charges against Barclays plc and Barclays Bank plc relating to events flowing from the 2008 global financial crisis. The courts found that senior executives, including the CEO and CFO, did not represent the required “directing mind and will” of Barclays in the circumstances. The judgments examined the well-known (and criticised) doctrine of “identification” and who constitutes the “directing mind and will” of a company and provide practical lessons on corporate governance in the criminal context.
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