Explore comprehensive guidance tailored for addressing offences related to insolvency, including fraudulent trading, wrongful trading, and misfeasance. Gain invaluable knowledge on navigating breaches of the Companies Act, with insights into director misconduct, false accounting, and failure to maintain statutory records. This resource offers practical tools and insights to navigate complex investigations and prosecutions, ensuring you stay ahead in your practice.
The Sentencing Council has published its response to the fifth annual miscellaneous amendments consultation, with changes to sentencing guidelines in...
Law360, London: Lawyers will face fresh 'fit and proper' tests when the Financial Conduct Authority (FCA) takes over control of anti-money laundering...
HM Revenue and Customs (HMRC) has opened a consultation seeking views on introducing a new criminal offence for making reckless untrue statements or...
HM Treasury has published its response to the Covid Counter Fraud Commissioner’s final report, outlining measures to recover an estimated £10.9...
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...
Offences of non-disclosure in bankruptcyFailure to submit a statement of affairsWhere a bankruptcy order has been made otherwise than on a debtor’s petition ie by the bankrupt himself, the bankrupt has 21 days beginning with the commencement of the bankruptcy to submit a statement of affairs.A
Fraudulent trading under section 993 Companies Act 2006Fraudulent tradingFraudulent trading by a company is an offence prohibited by section 993 of the Companies Act 2006 (CA 2006). Section 9 of the Fraud Act 2006 (FrA 2006), makes fraudulent trading by sole traders, partnerships and trusts and
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
Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application
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