Re Living Images Ltd
| Jurisdiction | England & Wales |
| Judgment Date | 07 August 1995 |
| Date | 07 August 1995 |
| Court | Chancery Division |
Chancery Division
Directors - disqualification - preference to creditor
Before a director of an insolvent company could be disqualified for giving preference to a creditor, it had to be shown that he personally intended that such preference be given.
Mr Justice Laddie so held in the Chancery Division on July 26 when making orders disqualifying three of the company's directors for periods of 6, 6 and 2 1/2 years respectively.
HIS LORDSHIP said that although on the wording of the Company Directors Disqualification Act 1986 it appeared that a director of an insolvent company could be disqualified for having authorised a transaction which gave a preference to a creditor and which was liable to be set aside under sections 238 to 240 of the Companies Act 1986, even if he himself was never aware that the company, through other directors, had a desire to benefit that...
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The Secretary of State for Business, Energy and Industrial Strategy v Edward Charles Ormond Steven
...may well mean that appropriately cogent evidence is required to establish it on the balance of probabilities, as Laddie J remarked in Re Living Images Ltd [1996] 1 BCLC 348 at 355–6. The Evidential Burden 45 Those observations relate to the legal burden of proof. Mr Bamford for the Secretar......
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Abdourahman Mohamed Mahmoud Boreh (Applicant/First Defendant) v Republic of Djibouti and Others (Respondents/Claimants Additional Respondent)
...the circumstances as they were at the time of the conduct in question and not with the application of hindsight. As Laddie J said in Re Living Images Limited [1996] BCC 112 at 116H: "I should add that the Court should be alert to the dangers of hindsight…… The court must be careful not to f......
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Timothy Colin Hamilton Ball (Liquidator of PV Solar Solutions Ltd) and Another v Paul James Hughes and Another
...the Court's assessment of the directors' conduct must be made without the benefit of hindsight. In this regard he referred me to in Re Living Images Limited [1996] BCC 112 at 116H per Laddie J: 'I should add that the Court must also be alert to the dangers of hindsight. By the time an appli......
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Re AG (Manchester) Ltd ((in Liquidation)); Official Receiver v Watson and another
...of the allegation is reflected in the need for evidence of appropriate cogency to discharge the burden of proof: Re Living Images Ltd [1996] 1 BCLC 348, [1996] BCC 112, 355–356; Re H [1996] AC 563, [1996] 1 All ER 1, 586–587 (Lord Nicholls). “[77] The determination of unfitness under s.......