header-logo header-logo

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

The creditors’ claims (4)

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: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll