header-logo header-logo

The creditors’ claims (4)

11 July 2014 / Simon Duncan
Issue: 7614 / Categories: Features , Commercial
printer mail-detail
commercial_insolvency_duncan

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Mike Wilson, Blake Morgan

NLJ Career Profile: Mike Wilson, Blake Morgan

Mike Wilson, managing partner of Blake Morgan chair of the CBI’s South-East Council, reflects on his career the challenges that have defined him

Clarke Willmott—Alexandria Kittlety

Clarke Willmott—Alexandria Kittlety

Partner joins commercial property team in Birmingham

Birketts—Will MacFarlane & Sarah Dodds

Birketts—Will MacFarlane & Sarah Dodds

Family team expands with double appointment in Bristol office

NEWS
Lawyers have expressed dismay at the Chancellor Rachel Reeve’s decision to impose a £2,000 cap on salary sacrifice contributions
NLJ is inviting its readers to take part in this year’s annual reader research, a short survey designed to help shape the future direction of the magazine. The questionnaire consists of just eight quick questions and offers an opportunity for legal professionals to share their views on the content, coverage and issues that matter most to them.
The Law Society has urged regulators not to ban the term ‘no win no fee’, as the profession contemplates measures to prevent a disaster like the SSB Group collapse from happening again
The legal profession's leaders have mounted a robust defence of trial by jury, following reports that Justice Secretary David Lammy is considering restricting it to rape, murder, manslaughter and other cases that are in the public interest
CILEX (the Chartered Institute of Legal Executives) has been granted permission to appeal Mazur, a decision which has caused consternation among litigation firms
back-to-top-scroll