The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
This Practice Note provides a summary of key corporate manslaughter prosecutions and convictions under section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007) and provides brief case outlines. This tracker is intended to assist practitioners in monitoring the sentences which are being imposed by the courts for this offence and the application, in England and Wales, of the applicable sentencing guidelines for corporate manslaughter.
For an explanation of the steps which Crown Courts must take in sentencing corporate manslaughter offences in England and Wales, see Practice Note: Sentencing for corporate manslaughter.
For guidance on the offence of corporate manslaughter, see Practice Notes: Corporate manslaughter—an introductory guide, Corporate manslaughter—the offence and Corporate manslaughter—enforcement and prosecution.
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When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also
BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and
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