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Partnerships - criminal liability 13/12/2011 The Scottish Law Commission has published its Report on the Criminal Liability of Partnerships

Partnerships - criminal liability

The Scottish Law Commission has published its Report on the Criminal Liability of Partnerships, addressing a legal loophole that means that a partnership cannot currently be prosecuted once it has been dissolved.

The report recommends that there should be a period of five years after a partnership dissolution during which it should remain competent to prosecute that partnership.

"The Commission's Report recommends a simple targeted solution to the problem thrown up by the Rosepark fire," said Patrick Layden QC, who was the lead Commissioner on this project. "While we would very much prefer to deal with this matter as part of the comprehensive reform of partnership law which we (and the English Law Commission) have recommended, these limited provisions will address the dissolution issue pending general reform."

The Report

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