The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
STOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing Code, regardless of the date when the offence was committed. The Sentencing Code is the name given to Parts 2–13 of the Sentencing Act 2020 (SA 2020) which together comprise the consolidated rules of procedure for the sentencing of criminal offences by the criminal courts in England and Wales. This Practice Note contains links to sentencing legislation which have been moved into the Sentencing Code and is in the process of being updated. See Practice Note: Sentencing Code for further information on the Sentencing Code and for assistance in locating relevant provisions within the Code.
A disqualification order is made to protect the public from those who, for reasons of dishonesty, naivety or incompetence, abuse their role and status as a director. Where a defendant has been convicted of an indictable offence, tried either on indictment or summarily, in connection with the promotion, formation, management or liquidation or striking off of a company, the sentencing court may make an order disqualifying the defendant from being a director under the Company Directors Disqualification Act 1986 (CDDA 1986). This means the defendant must not, without leave of the court, be:
a director of a company
a liquidator or administrator of a company
a receiver or manager of
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An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
Company directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their services will need to be
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The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
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