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02 June 2011
Issue: 7468 / Categories: Case law , Law digest
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Company

Re Mumtaz Properties Ltd; Wetton (as liquidator of Mumtaz Properties Ltd) v Ahmed and others [2011] EWCA Civ 610, [2011] All ER (D) 237 (May)

In considering whether a person had been responsible for acts sufficient to constitute him or her a de facto director for the purposes of s 212 of the Insolvency Act 1986, all the relevant factors had to be taken into account. Those factors would include any holding out as a director by the company, or any claim by the person to be a director. The liability was imposed on those who were in a position to prevent damage to creditors by taking proper steps to protect their interests. Those who assumed to act as directors and who thereby exercised the powers and discharged the functions of a director, whether validly appointed or not, had to accept the responsibilities of the office. Therefore, consideration had to be given to what the person actually did to see whether he assumed those responsibilities in relation to the subject company. There was no single test in identifying what

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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