header-logo header-logo

14 February 2014 / Helen Mulcahy , Davina Bentley
Issue: 7594 / Categories: Features , Company , Commercial
printer mail-detail

Paying the price

web_mulcahy_bentley

What is the liability of a director who pays debts while his company is insolvent? Helen Mulcahy & Davina Bentley report

Recently, the liquidators of HLC Environmental Projects Limited (HLC) issued a claim for misfeasance against the principal director of HLC, Mr Carvalho, pursuant to s 212 Insolvency Act 1986 (IA 1986). The liquidators claimed that Carvalho acted in breach of his duties as a director, both under common law and pursuant to ss 171(b) and 172 of the Companies Act 2006 (CA 2006) in relation to payments he caused HLC to make while it was insolvent.

 

Background

HLC carried on business in the waste recycling sector. In 1998, HLC became the preferred bidder to build recycling and energy centres in the UK. Two related companies, HLC Wrexham and HLC NPT, were set up and HLC was the holding company. By September 2005, administrators were appointed to HLC NPT and the HLC Wrexham project could not be completed.

Carvalho claimed that in 2008, HLC was still trading but the

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

Winckworth Sherwood—David Fendt

Winckworth Sherwood—David Fendt

Restructuring and insolvency practice strengthened by partner hire

Gateley Legal—Billy Poulter & Shay Moore

Gateley Legal—Billy Poulter & Shay Moore

North West residential development team welcomes partner and associate

Burgess Mee—Victoria Sterritt

Burgess Mee—Victoria Sterritt

Family law boutique expands London team with legal director hire

NEWS
The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised
Pastries may be in the firing line while kebabs escape scrutiny, but the reality is far more nuanced
Artificial intelligence (AI) is transforming legal practice, but its successful adoption depends as much on culture as technology
A landmark ruling has delivered the first judicial application of the UK’s anti-SLAPP regime and provided fresh guidance on abusive litigation
Some employment law controversies never disappear—they merely lie dormant
back-to-top-scroll