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06 November 2015
Issue: 7675 / Categories: Features , Civil way , Procedure & practice
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Civil way: 6 November 2015

Directorship less attractive;  final consumer dollop & pains in the neck

DIRECTORS BEWARE

Insolvency law changes which came into force on 1 October 2015 can be found where you would least expect them—in the Small Business, Enterprise and Employment Act 2015 with ss 104 to 106 and 108 to 110 (among others) activated by commencement order SI 2015/1689. The court is given a new power to order compensation in favour of a creditor who has been caused loss due to the conduct of a person for which, following a company’s insolvency (liquidation, administration or administrative receivership will do) they have been disqualified or given an undertaking under the Company Directors Disqualification Act 1986. Proceedings may be avoided or compromised if the person undertakes to pay the compensation. To be taken into account are the amount of the loss, the nature of the conduct and whether any other financial contribution has been made in recompense for the conduct. It is the secretary of state who must take the initiative to go after the compensation and he

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MOVERS & SHAKERS

Dawson Cornwell—Russell Bywater

Dawson Cornwell—Russell Bywater

Family law firm appoints new managing partner and head of matrimonial department

Forbes Solicitors—Katy Parkinson & Paul Hatton

Forbes Solicitors—Katy Parkinson & Paul Hatton

Employment and commercial offering strengthened by double hire

Birketts—Duncan Reed

Birketts—Duncan Reed

Regulatory and corporate defence team expands with Bristol partner hire

NEWS
Sophie Charlton of Vardags in London has been announced as the latest winner of AlphaBiolabs’ Giving Back initiative, with her nomination directing a donation to Reunite International
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
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