Category Archives: Insolvency

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 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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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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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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More Bad News for Directors and their Personal Liability

This is the next in the series of blogs for the Directors’ Friend. A director of a company that has been placed in to formal insolvency may receive an enquiry letter perhaps enclosing a Directors Questionnaire from the Insolvency Service.  … 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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The Director’s Friend – CONTRAVENTION OF DIRECTOR DISQUALIFICATION

This is the next in the series of blogs for the Director’s Friend. INTRODUCTION If a director of an insolvent company is investigated by the Insolvency Service, an application for director disqualification follows and an order or undertaking is obtained. … Continue reading

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Director Disqualification

DIRECTOR DISQUALIFIED FOR A FAILURE OF HIS COMPANY TO PAY ITS TAX LIABILITIES (BUT THERE IS MORE) In a recent press release the Insolvency Service (the ‘IS’) (see: https://www.gov.uk/government/news/tax-dodging-it-director-disqualified) confirm that a Mr Anthony Hodges (‘Mr Hodges’) of Basingstoke signed … Continue reading

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THE ‘DIRECTOR’S FRIEND’ BLOG

INTRODUCTION My name is Richard Cole. I am a Solicitor. I specialise in insolvency dispute resolution and commercial dispute resolution. I want to introduce myself to you as the ‘Director’s Friend’. That is where I believe that I have the … Continue reading

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