Insolvency offences

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Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
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Produced in partnership with Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers 12th Jan
Practice notes
What is a football banning order?A football banning order is a measure designed to prevent offenders travelling to football matches in England and...
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9th Nov
Practice notes
What is compensation?A compensation order is defined in the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000), to mean an order which...
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9th Nov
Practice notes
Production ordersThe purpose of a production order is to obtain material relating to a known person or business, such as bank statements and...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...
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9th Nov
Practice notes
Discretionary life sentencesA discretionary life sentence is a life sentence given to an offender in respect of an offence for which life imprisonment...
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9th Nov
Practice notes
This Practice Note deals with what is meant by corporate liability in relation to criminal law. It covers establishing corporate liability, the...
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9th Nov
Practice notes
This Practice Note provides a summary of key corporate manslaughter prosecutions and convictions under section 1 of the Corporate Manslaughter and...
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9th Nov
Practice notes
What is the defence of insanity?Insanity is a common law defence to a criminal charge. A defence of insanity is available in both the magistrates'...
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9th Nov
Practice notes
Serious crime prevention orders (SCPOs) were created by Part 1 of the Serious Crime Act 2007 (SCA 2007) and are civil orders used against those...
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9th Nov
Practice notes
Searches of premises during criminal investigations may be conducted on the authority of a warrant issued by a court, or without warrant under a...
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9th Nov
Practice notes
Fraud by failure to disclose information while under a legal duty to do so An offence of fraud by failure to disclose is committed where a...
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9th Nov
Practice notes
Obtaining services dishonestlyIt is an offence for a defendant to obtain, by any dishonest act, services for which payment is required, with intent to...
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9th Nov
Practice notes
Application to dismissUnder paragraph 2(1) of Schedule 3 to the Crime and Disorder Act 1998 (CDA 1998), the defendant may (after the date when he is...
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9th Nov
Practice notes
Forthcoming Change: The Attorney General’s Guidelines on Disclosure and the CPIA Code of Practice have been updated and reissued but are not yet in...
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Produced in partnership with David McNeill of 5 St Andrew's Hill 12th Jan
Practice notes
The offence of misleading omissionsEngaging in a commercial practice that is a misleading omission is made an offence by the Consumer Protection from...
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9th Nov

Most recent Insolvency offences content

Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 9th Apr
Practice notes
Offence of making transactions in fraud of creditorsAny present or past officer of a company which is ordered to be wound up by the court or which...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 9th Apr
Practice notes
Offence of material omissions from statement relating to company's affairsIt is an offence for any present or past officer of a company which is being...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 9th Apr
Practice notes
Fraudulent tradingFraudulent trading is an offence prohibited by section 993 of the Companies Act 2006 (CA 2006). This offence is charged for offences...
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9th Apr
Practice notes
Under the Insolvency Act 1986 (IA 1986) it is a criminal offence for a company director to make a statutory declaration of a company's solvency...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 9th Apr
Practice notes
Offence of misconduct in the course of winding upUnder section 208(1) of the Insolvency Act 1986 (IA 1986), a criminal offence may be committed in...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 9th Apr
Practice notes
Offence of re-using company name without permissionThe restrictions on re-using a company name under section 216 of the Insolvency Act 1986 (IA 1986)...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 9th Apr
Practice notes
Company investigation by the official receiverThe Insolvency Service investigates companies which have entered into formal insolvency proceedings,...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 7th Apr
Practice notes
What is the background to the temporary changes to the wrongful trading regime?The coronavirus (COVID-19) pandemic and the resulting lockdowns and...
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6th Apr
Practice notes
What is wrongful trading?Wrongful trading is a claim which arises under sections 214 (liquidation) and 246ZB (administration) of the Insolvency Act...
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6th Apr
Practice notes
What is asset stripping?Asset stripping involves taking company funds or assets while leaving behind the debts. Sometimes directors then transfer only...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 1st Mar

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