![]() ![]() This legal template, titled "Advisor Agreement (Payment Via Share Options) under UK law," is a contractual document that outlines the terms and conditions between a company and an advisor. The witness account should be objective, truthful, and transparent, serving to strengthen the company's application for an administration order and providing legal validity to the proposed insolvency procedure under the UK law. The statement should include detailed facts, observations, and any supporting evidence that could substantiate the company's financial difficulties, the potential benefits of an administration order, its overall viability, and the interests of all relevant stakeholders involved. These witnesses could include employees, creditors, financial experts, or any other parties with direct knowledge or involvement in the company's financial affairs. This legal template aims to gather firsthand accounts from witnesses who can verify and substantiate the necessity and feasibility of the administration order being sought by a company or its directors. In UK law, an administration order is a formal insolvency procedure primarily designed to assist struggling businesses in their financial recovery, while protecting their creditors' interests. 2 para 1.(4).A witness statement supporting an administration order under UK law is a legal document that provides a testimony from an individual who possesses relevant information or evidence pertaining to a proposed administration order. CJA 1967, s.89 (in relation to statements tendered under s.9), MCA 1980, s.106 (in relation to statements tendered under s.5B): liable on conviction to a maximum two years' imprisonment or a fine or both.CJA 1967, s.9 for summary and Crown Court trials MCA 1980. ![]() Under Schedule 2 of the CPIA 1996, statements and depositions which have been admitted at committal will become automatically admissible at trial, except that the court will have a discretion to exclude the evidence and a defendant may object to its admission, although the court of trial is given a power to order that the objection be of no effect if it is in the interests of justice so to order. Use of written statements and depositions at trialĦ. 4 Statements taken outside the United Kingdom may be tendered in evidence at committal proceedings. Statements taken in Scotland and Northern Ireland can be admitted as evidence in committals and other criminal proceedings under section 9, CJA 1967, and section 68 and CPIA 1996 Sch 2(1)(d) on the same terms as statements made in England and Wales. To make a written statement that is tendered in evidence under these provisions, which is known to be false, is a criminal offence. Statements taken on HSE forms comply with these requirements.Ĥ. The statement must be read to a witness who cannot read, and the person who reads must sign a declaration that it was read to the witness. It must give the age of a witness under 18 2. "This statement is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true."ģ. The statement must be signed by the witness and must contain a declaration such as the one printed on the statement form: In practice, if the prosecution receive an objection from the defence outside the seven day time limit, it is strongly advised that the witness is called, since the court always has discretion to require the witness to be called, and is likely to do so in such circumstances.Ģ. 1 If the prosecution intends to use written statements under these provisions, it must therefore be served on the defence at least seven days before the relevant hearing. Written statements are admissible in evidence if a copy has been served under the provision of s on the other parties (together with any other document referred to in it), and there is no objection within seven days to it being tendered in evidence. Introduction to the work related deaths sectionġ. ![]()
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