Scotland's robust legal framework on corporate crime demands keen insight and informed navigation. From bribery and fraud to sanctions breaches, practitioners must stay abreast of evolving legislation, enforcement trends, and defence strategies. This hub provides targeted guidance to tackle corporate malfeasance effectively.
Common assault and batteryThe offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An...
AffrayAffray is an offence created by the Public Order Act 1986 (POA 1986). It can be tried in either the magistrates’ court or the Crown Court. The...
Self defenceSelf defenceSelf defence is an absolute defence based on the evidence which can apply in crimes committed by force. Section 76 of the...
Assault occasioning actual bodily harmThe offence of actual bodily harmThe offence of assault occasioning actual bodily harm (ABH) can be tried in...
Comparison of criminal fraud in Scotland with England and WalesCriminal fraud in ScotlandHow criminal fraud is defined, how it is investigated and how it is prosecuted (and who by) varies across the UK.In Scotland, the majority of criminal fraud prosecutions concern the ‘catch all’ common law fraud
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an
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