Insolvency offences

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Practice notes
The FCA and financial crimeThe Financial Services Act 2012 (FSA 2012) significantly altered the regulatory landscape for financial services in the UK...
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19th May
Practice notes
Proxy purchasing of tobacco and nicotine productsIn England and Wales it is an offence for an adult to buy or attempt to buy tobacco or tobacco...
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19th May
Practice notes
Single justice procedureThe introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two...
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Produced in partnership with Quinton Newcomb of Fulcrum Chambers 19th May
Practice notes
The defence of insanityWhat is the defence of insanity?Insanity is a common law defence to a criminal charge. A defence of insanity is available in...
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19th May
Practice notes
ConspiracyThere are three main inchoate offences in English law: •conspiracy—where at least two people have agreed to commit a crime•attempt—where the...
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19th May
Practice notes
Sexual risk ordersSTOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing Code,...
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Produced in partnership with Monica Stevenson of 25 Bedford Row 19th May
Practice notes
Failing to stop or report an accidentDrivers are under a duty to stop at the scene of an accident, provide personal details and report an accident....
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Produced in partnership with Red Lion Chambers 19th May
Practice notes
Stages of a summary trialCoronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA...
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19th May
Practice notes
Possession of an offensive weaponThe offence of possession of an offensive weaponThe offence of having an offensive weapon in a public place can be...
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19th May
Practice notes
Active bribery, passive bribery and bribing foreign public officialsThe purpose of this Practice Note is to provide a general understanding of the...
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Produced in partnership with Joanne Kane of Carmelite Chambers 19th May
Practice notes
Witness intimidationIntimidation of witnesses and jurorsIntimidation of witnesses and/or jurors is an offence under section 51 of the Criminal Justice...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 19th May
Practice notes
Dangerous drivingThe offence of dangerous drivingDangerous driving contrary to section 2 Road traffic Act 1988 (RTA 1988) is an offence that can be...
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Produced in partnership with Red Lion Chambers 19th May
Practice notes
Corporate criminal liabilityThis Practice Note deals with what is meant by corporate liability in relation to criminal law. It covers establishing...
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19th May
Practice notes
Dishonesty in the criminal lawDishonesty is a state of mind, which is relevant for the purposes of some criminal offences. Dishonesty provides the...
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19th May
Practice notes
Driving offences and police powersPolice powers and preliminary testsUnder the Road Traffic Act 1988 (RTA 1988) there are three types of preliminary...
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Produced in partnership with Red Lion Chambers 19th May
Practice notes
Obtaining disclosure of unused evidenceDuty of disclosure of unused evidenceThe pursuit of a fair trial based on equality of arms has resulted in a...
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Produced in partnership with Hannah Thomas of 2 Hare Court 19th May

Most recent Insolvency offences content

Practice notes
Corporate Insolvency and Governance Act 2020—temporary changes to the wrongful trading regime [Archived]What is the background to the temporary...
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31st Jul
Practice notes
Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986What is wrongful trading?Wrongful trading is a claim which arises under...
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30th Jul
Practice notes
Asset strippingWhat is asset stripping?Asset stripping involves taking company funds or assets while leaving behind the debts. Sometimes directors...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 30th Jul
Practice notes
Restriction on re-use of company namesOffence of re-using company name without permissionThe restrictions on re-using a company name under section 216...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 30th Jul
Practice notes
False representations to creditorsUnder the Insolvency Act 1986 (IA 1986), it is a criminal offence for an officer of a company, past or present, to...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 30th Jul
Practice notes
False representations to obtain approval for a company voluntary arrangementIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 30th Jul
Practice notes
Transactions in fraud of creditorsOffence of making transactions in fraud of creditorsAny present or past officer of a company which is ordered to be...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 30th Jul
Practice notes
Insolvency investigationsCompany investigation by the official receiverThe Insolvency Service investigates companies which have entered into formal...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 30th Jul
Practice notes
False declarations of solvencyUnder the Insolvency Act 1986 (IA 1986) it is a criminal offence for a company director to make a statutory declaration...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 30th Jul
Practice notes
Falsification of company booksFalsification of company books under the Insolvency Act 1986A company is insolvent where it cannot pay its debts when...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 30th Jul
Practice notes
Material omissions from statements relating to company affairsOffence of material omissions from statement relating to company's affairsIt is an...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 30th Jul
Practice notes
Misconduct in the course of winding upOffence of misconduct in the course of winding upUnder section 208(1) of the Insolvency Act 1986 (IA 1986), a...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 30th Jul
Practice notes
Fraudulent trading under section 993 Companies Act 2006Fraudulent tradingFraudulent trading is an offence prohibited by section 993 of the Companies...
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30th Jul

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