Peter Gibson LJ said: ‘In s.217(1)(b) knowledge that it is a crime is required.’
Peter Gibson LJ, Ralph Gibson LJ
 1 BCLC 637
Insolvency Act 1986 217
England and Wales
Cited – It’s A Wrap (UK) Ltd v Gula and Another ChD 16-Sep-2005
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 . .
Cited – It’s A Wrap (UK) Ltd v Gula and Another CA 11-May-2006
The company was said to have paid dividends unlawfully, in that the directors who were the shareholders had paid themselves dividends knowing that the company had not earned enough to pay them.
Held: Where shareholders had knowledge of the . .
These lists may be incomplete.
Updated: 09 April 2021; Ref: scu.230899