Category Archives: Companies and Corporate

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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The Director’s Friend and Director Disqualification – a testimonial received

This blog post features a testimonial from a client who was faced with a substantial director disqualification investigation against him. The client was recommended to the Director’s Friend by their accountant to advise.   The investigation was wide ranging and … Continue reading

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Setting aside a Notice of Intention to appoint an Administrator by a Director (‘NOI’)

The Court of Appeal has given a recent judgement setting aside an NOI. That was in the following case: JCAM Commercial Real Estate Property XV Limited v. Davis Haulage Limited [2017] EWCA Civ 267 that is reported here: http://cases.iclr.co.uk/Subscr/search.aspx?docID=WLRD2017-265. Lord … Continue reading

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The Director’s Friend – Helping you on the road ahead

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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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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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