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11 July 2014 / Simon Duncan
Issue: 7614 / Categories: Features , Commercial
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The creditors’ claims (4)

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Simon Duncan concludes his series of articles on the right to sue former directors

Section 217 of the Insolvency Act 1986 (IA 1986) and s 15 of the Company Directors Disqualification Act 1986 (CDDA 1986) are derived from the same source and aimed at the same mischief. That is to say, these sections make delinquent directors co-debtors with the company for the company’s debts. In doing this, these sections strengthen creditors’ rights of redress. They allow creditors to act when the evidence suggests that a “phoenix” company has resumed the failed company’s business improperly, or when creditors have lost money in the liquidation of a company run by a disqualified director.

Re Prestige Grindings Ltd

Although the Acts themselves are silent as to who may bring a claim pursuant to these sections, the case law makes it clear that it is the creditors that have the requisite standing (see “The creditors’ claims” 162 NLJ 7530, p 1175 and Re Prestige Grindings Ltd [2006] BCC 421; [2005] EWHC 3076).

Prestige Grinding

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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