‘the circumstances in which a person who was a director of a company when it went into insolvent liquidation may be brought within an exception to the provisions of sections 216 and 217 of the Insolvency Act 1986 (‘the Act’) – provisions which would otherwise render that person liable for the debts and liabilities of … Continue reading Churchill and Another v First Independent Factors and Finance Ltd.: CA 30 Nov 2006

Application for personal liability of company director in insolvency. Citations: [2005] EWCA Civ 554 Links: Bailii Statutes: Insolvency Act 1986 217 Jurisdiction: England and Wales Insolvency, Company Updated: 22 October 2022; Ref: scu.224837

The Court considered a Director’s duty to act in the interests of his company’s creditors. The Directors were said to have paid out an excessive dividend to put assets beyond the reach of its creditors. Judges: Longmore, David Richards, Henderson LJJ Citations: [2019] EWCA Civ 112, [2019] 2 All ER (Comm) 13, [2019] BCC 631, … Continue reading BTI 2014 Llc v Sequana SA and Others: CA 6 Feb 2019

The defendant company directors were accused of having paid dividends to themselves when the company was in fact making a loss. Held: A claim might lie, but the pleadings did not phrase it adequately, and an amendment would be improper. Though payments had been made at a time when the company ws making losses, a … Continue reading It’s A Wrap (UK) Ltd v Gula and Another: ChD 16 Sep 2005

Applications alleging sales at undervalue by the now insolvent company to its former directors. David Cooke HHJ [2016] EWHC 2176 (Ch) Bailii Insolvency Act 1986 238 England and Wales Insolvency, Company Updated: 22 January 2022; Ref: scu.568895