Author Archives: Brendan OBrien

The Risks of Gifts

This is the next in my series of blogs for the Directors Friend. SUMMARY: In respect of a risk under Section 238 of The Insolvency Act 1986 (the “Act”) a director must be very mindful where they are transferring company … Continue reading

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Facing Personal Liability for ‘Smelting the Assets Transactions’

This is the next in my series of blogs for The Directors Friend. SUMMARY: In respect of a risk under Section 423 of The Insolvency Act 1986 (the “Act”) a Director must be very mindful where their own interests in … Continue reading

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The Directors’ Friend: – Facing Personal Liability for ‘Wrongful Trading’ – Call for ‘Robin Hood’

This is the next in my series of blogs for the Director’s Friend. SUMMARY In order to obtain an order from the court that a director is personally liable for wrongful trading under section 214 of the Insolvency Act 1986 … Continue reading

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Government Consultation suggests that you should review your Debt Procedures!!

On 23rd December last year, the government announced that they will discuss new measures to protect consumers from unknown debt claims. The upcoming consultation will consider how to  protect consumers against unsuspected debts or unknown claims, but also allowing appropriate … Continue reading

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Reuse of a Prohibited Company Name by a Director leaves the Director caught in an expensive web!!

This is the next in my series of blogs for the Director’s Friend. SUMMARY Following a prosecution for breach of section 216 of the Insolvency Act 1986 (the ‘Act’) (re-use of a prohibited company name by a director) with confiscation … Continue reading

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Employment of Illegal Workers results in Director Disqualification

This is the next in the series of my blog for the Director’s Friend. BACKGROUND In a recent press release the Insolvency Service (‘IS’) show that they are targeting insolvent companies that have been employing illegal workers and where the … Continue reading

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10 Things that you should consider when faced with a Director Disqualification Investigation

This is the next in the series of my blog for the Director’s Friend. When the Insolvency Service (the ‘IS’) write to you with perhaps a questionnaire or a ‘section 16’ letter there are a number of issues that you … Continue reading

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Directors Duties when the Company may be or is insolvent – Be aware of personal liability stalking you!

This is the next in my series of blogs for the Director’s Friend. In a recent decision of Terence Mowschenson QC sitting as a deputy High Court Judge in the case of Oakdene Homes PLC (In Liquidation) (the ‘Company’) and … Continue reading

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Complex challenges for employers in the year ahead

Constant changes and increasing complexity have helped make employment law a frontline challenge for business and this year looks set to continue the trend.  The first weeks of January saw Maggie Dewhurst, a bike courier with City Sprint, winning her … Continue reading

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The Latest Insolvency Service Enforcement Statistics are out!

This is the latest in the series for my blog ‘The Director’s Friend’. In a press release dated yesterday (13 December 2016) the Insolvency Service (the ‘IS’) set out their latest enforcement outcome statistics. These show that for the year … Continue reading

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