The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
If a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D intended to kill a person and did kill someone. In Latimer where the defendant struck someone with his belt but wounded another, the court held that the defendant was rightly convicted of an offence under section 20 of the Offences Against the Person Act 1861 (OATPA 1861).
In A—G Ref (No 3 of 1994) the defendant stabbed a woman who was pregnant. As a result of the stabbing, the woman gave birth to a premature child who later died from a lung condition due to the premature birth. The court acknowledged the existence of the principle but refused to extend it to the circumstances in question as it would have required malice to be transferred twice; from the victim mother to the foetus and from the foetus to the child.
The harm done must be of the same kind as
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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
The Financial Conduct Authority Handbook (FCA Handbook) includes sourcebooks to regulate the conduct of business by a regulated firm relevant to insurers: the Conduct of Business Sourcebook (COBS) and the Insurance Conduct of Business Sourcebook (ICOBS). This Practice Note considers how these
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of actingBetween[insert petitioner name]Petitionerand[insert respondent name]RespondentTake notice that we [insert name of firm] have been appointed to act as the
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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