Insolvency offences and Companies Act offences

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Practice notes
What is a disclosure order?A disclosure order is, in general terms, an order authorising a request for information with which the recipient is obliged...
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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
Section 9 and Schedule 1 of the Police and Criminal Evidence Act 1984 (PACE 1984) afford access to material that cannot be obtained by an application...
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Produced in partnership with Paul Ozin QC and Alex Mills of 23 Essex Street Chambers 12th Jan
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
Offences relating to untrue declarations etcA person commits an offence under the section 167 of the Customs and Excise Management Act 1979 (CEMA...
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9th Nov
Practice notes
Any informal request or formal application for the return of property seized by an investigating authority during a criminal investigation will depend...
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9th Nov
Practice notes
Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 12th Jan
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
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
Competency—general ruleThe most common way for evidence to be adduced is through the testimony of a witness. A witness is said to be competent if they...
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9th Nov
Practice notes
The introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two or three justices to deal...
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Produced in partnership with Quinton Newcomb of Fulcrum Chambers 12th Jan
Practice notes
OmissionA defendant must be shown to have had the relevant mental state of mind or intention at the time that the act comprising offence is committed....
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9th Nov
Practice notes
The rules relating to the form of indictments and the procedure for their creation and adoption are contained in the following: •the Indictments Act...
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9th Nov
Practice notes
Pre-sentence reportsA pre-sentence report (PSR) is a report usually prepared by the National Probation Service (NPS) with a view to assisting the...
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9th Nov
Practice notes
Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden...
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9th Nov
Practice notes
Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made,...
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9th Nov

Most recent Insolvency offences and Companies Act offences content

Practice notes
Providing false statement to an auditorThe Director of a company must produce a report each financial year, unless the company is subject to the small...
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9th Apr
Practice notes
Duty to keep accounting recordsEvery company has a duty to keep adequate accounting records. The purpose of this duty is to ensure businesses record...
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9th Apr
Practice notes
Failure to submit a statement of affairsIt is an offence for a bankrupt to fail to make accurate disclosure in a statement of affairs as required...
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Produced in partnership with Cameron Brown of 9–12 Bell Yard 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
This Practice Note is concerned with one of the three criminal offences created under section 52 of the Criminal Justice Act 1993, that is encouraging...
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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...
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Produced in partnership with Micheal Murphy and Amelia Clegg of 23 Essex Street Chambers 9th Apr
Practice notes
Dealing with property on creditA bankrupt is guilty of an offence if, in the 12 months before the petition, or in the initial period, they disposed of...
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9th Apr
Practice notes
Breach of bankruptcy offence under Section 11 Company Directors Disqualification Act 1986 The purpose of the offences is to punish bankrupts who have...
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Produced in partnership with Cameron Brown of 9–12 Bell Yard 9th Apr
Practice notes
Bankruptcy restrictionsFollowing an order for bankruptcy, the bankrupt person is prohibited form a number activities for a period of 12 months while...
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9th Apr
Practice notes
This Practice Note considers the concepts of joint privilege (being joint retainer or joint interest privilege) and common interest privilege,...
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8th Apr
Practice notes
This Practice Note describes the criminal offences that are of most relevance to company directors, and:•focuses on offences which an individual...
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8th Apr
Practice notes
Coronavirus (COVID-19) IMPACT: Certain aspects of the PSC regime are affected by temporary measures introduced to mitigate the consequences of the...
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8th 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
The offence of acquisition of limited company's own shares The general rule is that a limited company must not acquire its own shares, whether by...
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1st Apr
Practice notes
Company investigations under section 432 of the Companies Act 1985Companies are regulated by the Department of Business, Energy and Industrial...
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16th Mar
Q&As
A bankrupt is subject to an ongoing duty to co-operate with their trustee in bankruptcy (trustee) pursuant to inter alia section 333 of the Insolvency...
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15th Mar
Practice notes
Commencing proceedings against a companyBefore a company is prosecuted a decision will be taken as to who is the appropriate prosecuting body. Once...
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11th Mar

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