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Author Archives: paston2

St Pauls Cathedral London

The risks of litigation funding

Posted on August 20, 2019December 14, 2020 by paston2

When a litigation funder finances a claimant to take proceedings, which are unsuccessful, and the claimant is not in a […]

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Directors personally liable for breaching employment contracts

Posted on August 20, 2019December 14, 2020 by paston2

The creation of the limited liability company in the 19th century has been described by some as the most important […]

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Are directors liable to repay dividends when the accounts they relied on are wrong?

Posted on August 20, 2019December 14, 2020 by paston2

Having previously been to the Supreme Court, the case of Burnden Holdings v Fielding has now gone to trial and […]

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You don’t need a board meeting to declare an interim dividend

Posted on August 20, 2019December 14, 2020 by paston2

If you are a company director searching on Google how to declare an interim dividend, the answers you get would […]

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Duties of a dissenting director

Posted on March 29, 2019December 14, 2020 by paston2

This is an area of law & practice that is shrouded in mystery. In the context of a company in […]

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Can a creditor sue a company that has filed a Notice of Intention to Appoint an Administrator?

Posted on March 29, 2019December 14, 2020 by paston2

Administration is a formal procedure in which an insolvency practitioner is appointed to manage the company’s affairs in the interest […]

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Court of Appeal limits claims against directors

Posted on March 29, 2019December 14, 2020 by paston2

In a much anticipated and long-awaited decision, the Court of Appeal in BTI 2014 LLC v Sequana SA has cast […]

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Liability of auditors for negligent audit – how times change!

Posted on March 29, 2019December 14, 2020 by paston2

Back in 2009, on the last day that the House of Lords delivered judgments, it was decided on a 3:2 […]

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A Guide to the Debt Recovery Protocol

Posted on July 31, 2018December 14, 2020 by paston2

Last October, the Pre-Action Protocol for Debt Claims (the “Protocol”) was introduced by the Government.  The Protocol applies to any […]

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Bankruptcy estates can now be compensated for loss caused by breaches of trust

Posted on June 22, 2018December 14, 2020 by paston2

In a recent void disposition case concerning a Trustee in Bankruptcy’s entitlement to claim compensation from the recipient for loss […]

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Carillion – recovering money for creditors

Posted on June 15, 2018December 14, 2020 by paston2

Parliament has decided that Carillion’s board of directors were culpable for its failure.   MP’s are calling for the disqualification of […]

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Do you run the risk of trading under a prohibited name after liquidation?

Posted on June 5, 2018December 14, 2020 by paston2

If you have acted as a director of a company that goes into insolvent liquidation (the “liquidated company”) at any […]

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Carillion – a fair trial for the directors?

Posted on May 17, 2018June 24, 2020 by paston2

Parliament has decided that Carillion’s board of directors were culpable for its failure.   MP’s are calling for the disqualification […]

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The unsatisfactory status of EU pensions

Posted on May 17, 2018November 18, 2019 by paston2

It has long been the case that most pension schemes within the jurisdiction of England & Wales do not form […]

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