Wrongful Trading in UK Law

  • Ward v Aitken and Others ; Re Oasis Merchandising Services Ltd
    • Court of Appeal (Civil Division)
    • 09 Octubre 1996
    ... ... of a statutory power conferred on him alone in respect of alleged wrongful trading by directors ... 3 It is an appeal by the ... ...
  • HM Revenue and Customs v Holland; Re Paycheck Services 3 Ltd
    • Supreme Court
    • 24 Noviembre 2010
    ... ... to provide for to meet the claims of HMRC in respect of their trading during that period ... 4 The Court of Appeal allowed Mr ... to a person who is or has been a director of a company for wrongful trading, is extended to shadow directors expressly by subsection (7). But ... ...
  • Re Sevenoaks Stationers (Retail) Ltd
    • Court of Appeal (Civil Division)
    • 31 Julio 1990
    ... ... 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 ... debts: "Even if such conduct does not amount to wrongful trading within section 214 [of the Insolvency Act 1986], in my judgment it ... ...
  • 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 ... , however odd the notion may seem at first sight, the victim of wrongful arrangements to deprive it improperly of a large part of its assets: see ... ...
  • Re Hydrodan (Corby) Ltd ((in Liquidation))
    • Chancery Division
    • 17 Diciembre 1994
    ... ... ) Ltd against two of 14 defendants alleged to have been guilty of wrongful trading in relation to the affairs of that company. Mr A G Bompas for ... ...
  • Jetivia S.A. and Another (Appellants/6th and 7th Defendants) v Bilta (UK) Ltd ((in Liquidation)) and Others (Respondents/Claimants)
    • Court of Appeal (Civil Division)
    • 31 Julio 2013
    ... ... The liquidators have separate claims for fraudulent trading under s.213 of the Insolvency Act 1986 (" IA 1986"). The appellants' ... suffered a large fine for contempt of court on account of the wrongful acts of its managers. The fact that their wrongful acts caused the company ... ...
  • Three Rivers District Council v Governor and Company of the Bank of England (No. 3)
    • House of Lords
    • 22 Marzo 2001
    ... ... a discretion, unspecified as to criteria, to permit continuance of trading without check or condition when those requirements are no longer met." ... in public office is concerned with a deliberate and dishonest wrongful abuse of the powers given to a public officer. It is not to be equated ... ...
  • Morris-Garner and another v One Step (Support) Ltd
    • Supreme Court
    • 18 Abril 2018
    ... ... 10 In August 2007, Positive Living began trading in West London and the Thames Valley in competition with the claimant. By ... the financial loss it had suffered by reason of the defendants' wrongful competition, not least because there was a degree of secrecy in the ... ...
  • Sempra Metals (formerly Metallgesellschaft Ltd) v Commissioners of Inland Revenue
    • House of Lords
    • 18 Julio 2007
    ... ... v Baxendale (1859) 9 Ex 341 : Trans Trust SPRL v Danubian Trading Co Ltd [1952] 2 QB 297 ... This modification of the common law rule was ... concerns the availability of compound interest in respect of the wrongful levying of ACT. The Inland Revenue recognises that interest is payable in ... ...
  • Secretary of State for Trade and Industry v Bairstow
    • Court of Appeal (Civil Division)
    • 11 Marzo 2003
    ... ... ) instituted proceedings against QMH claiming damages for wrongful dismissal. QMH claimed that he was rightly dismissed and alleged that he ... arose out of the collapse of Barings plc due to the unauthorised trading activity of an employee of a subsidiary company in Singapore. There had ... ...
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