The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
Conspiracy to defraud is a common law offence which was expressly preserved by section 5(2) of the Criminal Law Act 1977 (CLA 1977), and is triable only on indictment.
The offence requires that two or more individuals dishonestly conspire to commit a fraud against a victim. It is a very wide offence and catches conduct that might not constitute an offence but which, by reason of two or more people agreeing to do it with the requisite intent, it becomes an offence.
Common law conspiracy is therefore wider than statutory conspiracy because it does not require the agreement to be in respect of the commission of a substantive criminal offence.
The statutory offence of conspiracy is found in CLA 1977, s 1. The statutory offence requires a conspiracy that will necessarily amount to or involve the commission of an offence by one or more of the parties to the agreement, or would do so, but for the existence of facts that render the commission of the offence or any of the offences impossible. The difference is therefore the object of the agreement. For further guidance on conspiracy generally, see Practice Note: Conspiracy.
Offences of statutory conspiracy and common law conspiracy to defraud are mutually exclusive. However, a conspiracy to defraud at common law can only be charged when either it is clear that the facts
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Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA documentation and related topics. It covers LMA updates from early 2013 to January 2016. For the latest LMA developments since January 2016, see Practice Note: Loan Market Association (LMA)—latest news on
Produced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note summarises the rules and guidance in relation to parties who are, or may be presumed to be, acting in concert for the purposes of The City Code on Takeovers and Mergers (the Code). In particular the
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
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