[2008] EWHC 84 (Admin)

The Insolvency Act 1986 s.208(4)(a) should be read as placing a legal burden of proof on a defendant to show that he had no intention to defraud. On the evidence, an offence under s.216 of the Act had been made out but a conviction under s.208 was quashed as there was no evidence that the defendant, when failing to deliver up books, had had an intention to defraud.

DC (Dyson LJ, Jack J)


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