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Old 28th Mar 2019, 14:12
  #46 (permalink)  
Mike Flynn
 
Join Date: Feb 2016
Location: S.E.Asia
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Originally Posted by Jonzarno


There is one difference: a limited liability company could have assets of £100 and that is all you can get out of suing it.




Not quite Jon.

There is the criminal offence of corporate manslaughter.(see https://en.m.wikipedia.org/wiki/Corp...in_English_law )

I am not sure how David Henderson structured his operation but clearly this will emerge with the legal matters as they unfold.

If he had an AOC then this defence would be in the public domain by now.
The AAIB suggest otherwise.

If he passed the transport of Sala to Ibbotson,as has been suggested by the agent, knowing it was an illegal charter and the pilot was not qualified to undertake the mission clearly he faces criminal charges.

A person who is convicted of corporate negligence or trading fraudulently is not protected from having their personal assests seized by a court despite the rules on limited liability companies.

Courts and prosecutors look at confiscation orders on the basis of the illegal gain.






Last edited by Mike Flynn; 28th Mar 2019 at 14:23.
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