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14 March 2008
Issue: 7321 / Categories: Case law , Law digest
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CRIMINAL LAW

R v W Stevenson & Sons (A Partnership) and others [2008] EWCA Crim 273, [2008] All ER (D) 351 (Feb)

In so far as business activities are conducted in the name of a partnership and the partnership has identifiable assets that are distinct from the personal assets of each partner, there is no reason why a partnership should not be treated, for the purposes of the criminal law, as a separate entity from the partners who are members of it.

The question of whether or not the context permits the word “person” in a criminal statute to be read as including a partnership, might depend critically upon whether or not there is some restriction upon the assets that would properly be available to meet any penalty imposed.

Legislation that renders a partnership liable as an independent entity will lead, in respect of a conviction for a single offence, to the imposition of a single penalty. Conviction of the partnership will not constitute conviction of the individual partners, nor render the individual partners liable to individual penalties.

Where

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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