Insolvent Trading in UK Law

  • Re Sevenoaks Stationers (Retail) Ltd
    • Court of Appeal (Civil Division)
    • 31 Julio 1990
    ... ... Duty of court to disqualify unfit directors of insolvent companies. (1) The court shall make a disqualification order ... Cruddas was a director, as was a Mr. Hooker, of no less than five trading companies which became insolvent and went into liquidation. Mr. Cruddas ... ...
  • BTI 2014 LLC v Sequana S.A.
    • Court of Appeal (Civil Division)
    • 06 Febrero 2019
    ... ... 13 Following the sale of API, AWA ceased to be a trading company. The proceeds of sale of its businesses and other receipts were ... In 1991, the company became insolvent and guarantees given by the directors were called which they were unable ... ...
  • Bilta (UK) Ltd (in Liquidation) v Nazir
    • Supreme Court
    • 22 Abril 2015
    ... ... enter into a series of transactions relating to European Emissions Trading Scheme Allowances with various parties, including Jetivia, and that those ... by HMRC, it was inherent in the fraud that Bilta would always be insolvent and unable to pay the output VAT to HMRC. The amount of output VAT for ... ...
  • Stone and Rolls Ltd ((in Liquidation)) v Moore Stephens (A Firm)
    • House of Lords
    • 30 Julio 2009
    ... ... to banks false documents in relation to fictitious commodity trading. My noble and learned friend Lord Mance has explained in a little more ... As, however, it was insolvent, Mr Stojevic was in breach of duty in failing to have regard to the ... ...
  • HM Revenue and Customs v Holland; Re Paycheck Services 3 Ltd
    • Supreme Court
    • 24 Noviembre 2010
    ... ... alleged that Mr and Mrs Holland were de facto directors of 42 insolvent companies of which HMRC is the only creditor, and that they had been ... to provide for to meet the claims of HMRC in respect of their trading during that period ... 4 The Court of Appeal allowed Mr ... ...
  • Re Lo-Line Electric Motors Ltd
    • Chancery Division (Companies Court)
    ... ... - Director - Disqualification - Four related companies going into insolvent liquidation between 1979 and 1984 - Respondent director of three and de ... fourth - Whether conduct as de facto director relevant - Insolvent trading when debts to Crown unpaid - Whether respondent to be disqualified from ... ...
  • Cambridge Gas Transport Corporation v Official Committee of Unsecured Creditors of Navigator Holdings Plc and Others
    • Privy Council
    • 16 Mayo 2006
    ... ... and ordered five gas transport vessels with which they commenced trading at the beginning of 2001. Unfortunately the venture was a failure. Freight ... The business was heavily insolvent. They petitioned for relief in New York under Chapter 11 of the US ... ...
  • New Cap Reinsurance Corporation Ltd ((in Liquidation)) v Grant; Rubin v Eurofinance SA
    • Supreme Court
    • 24 Octubre 2012
    ... ... Story referred to the theory that assignments under bankrupt or insolvent laws were, and ought to be, of universal operation to transfer movable ... at an undervalue or on the basis of wrongful or fraudulent trading would be claims deriving directly from the winding up and therefore ... ...
  • Re Nortel GmbH ((in Administration)) and related companies
    • Supreme Court
    • 24 Julio 2013
    ... ... members of the Nortel group of companies, have gone into insolvent administration; ii. (a) One of those Lehman ... must pay tax if I trade and make a profit, I am not before I begin trading under a contingent liability to pay tax in the event of my starting ... ...
  • Ultraframe (UK) Ltd v Fielding
    • Chancery Division
    • 27 Julio 2005
    ... ... Mr Clayton's trading 106 ... operated through a number of companies, all of which became insolvent. He was also adjudicated bankrupt. While Mr Davies' empire was collapsing ... ...
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