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CRIMINAL LAW

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

Gilson Gray—Paul Madden

Gilson Gray—Paul Madden

Partner appointed to head international insolvency and dispute resolution for England

Brachers—Gill Turner Tucker

Brachers—Gill Turner Tucker

Kent firm expands regional footprint through strategic acquisition

Quinn Emanuel Urquhart & Sullivan—William Charles

Quinn Emanuel Urquhart & Sullivan—William Charles

Financial disputes and investigations specialist joins as partner in London

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