Wrongful Trading in UK Law
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Wrongful Trading: An Impotent Remedy?
Improved creditor and community protection seemed attainable goals when Professor Daniel Prentice described s. 214 of the Insolvency Act (‘s. 214’) as ‘one of the most important developments in com...
- Application for a declaration that the director has been engaged in wrongful trading
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What Can We Expect to Gain from Reforming the Insolvent Trading Remedy?
This paper argues that reform of the wrongful trading remedy in section 214 of the Insolvency Act 1986 is unlikely to yield significant increases in civil recovery for creditors of insolvent compan...... ... What Can We Expect to Gain from Reforming the Insolvent Trading Remedy? Richard Williams * This paper argues that reform of the wrongful trading remedy in section 214 of the Insolvency Act 1986 is unlikely to yield significant increases in civil recovery for creditors of insolvent ... ...
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Index
... ... Administration orders, discharge of; ... Fraudulent trading; Preferences; Transactions at an undervalue; Transactions prejudicial to reditors; Wrongful trading appointment by court, see Administration orders out of court ... ...
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Mangled metaphors.
... ... in order to meet added-value milestones may become vulnerable to 'wrongful trading' ... However, an integrated approach to financial management could ... ...
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Insolvency Litigation
... ... misfeasance, fraudulent trading and wrongful trading provisions, which enable an order to be made against ... ...
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Preliminary Sections
... ... A DECLARATION THAT THE DIRECTOR HAS BEEN ENGAGED IN FRAUDULENT TRADING 351 ... Objective 351 Application 351 Court fees 352 Service 352 The ... FOR A DECLARATION THAT THE DIRECTOR HAS BEEN ENGAGED IN WRONGFUL TRADING 363 ... Objective 363 Application 364 Court fees 364 Service 364 ... ...
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Asset Location in Corporate Insolvency
This paper considers the methods open to a liquidator to discover and recover assets. In particular, it focuses on the powers conferred on the liquidator in the 1986 insolvency legislation and thei...... ... to the liqui-dator by the development of the concept of wrongful trading.40 The description of wrongful trading given below will show that ... ...
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Onus issue: the duties of directorship are not to be taken tightly. James Thorby explains why you should think very carefully before accepting a position on the board.
... ... imposes extra duties in this area, including those relating to wrongful trading and fraudulent trading ... Wrongful trading applies if directors ... ...
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A Winter's tale: the European Commission's attempts to harmonise company law in the EU have been criticised before for being more concerned with political dogma than business needs, writes Stephen Copp. But recent developments--particularly the report of its legal expert group--suggest that harmonisation might be a positive force for reform.
... ... role of non-executive directors and remuneration policy, and also wrongful trading and disqualification. This is welcome, because the role of ... ...
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