When a litigation funder finances a claimant to take proceedings, which are unsuccessful, and the claimant is not in a […]
Author Archives: paston2
Directors personally liable for breaching employment contracts
The creation of the limited liability company in the 19th century has been described by some as the most important […]
Are directors liable to repay dividends when the accounts they relied on are wrong?
Having previously been to the Supreme Court, the case of Burnden Holdings v Fielding has now gone to trial and […]
You don’t need a board meeting to declare an interim dividend
If you are a company director searching on Google how to declare an interim dividend, the answers you get would […]
Duties of a dissenting director
This is an area of law & practice that is shrouded in mystery. In the context of a company in […]
Can a creditor sue a company that has filed a Notice of Intention to Appoint an Administrator?
Administration is a formal procedure in which an insolvency practitioner is appointed to manage the company’s affairs in the interest […]
Court of Appeal limits claims against directors
In a much anticipated and long-awaited decision, the Court of Appeal in BTI 2014 LLC v Sequana SA has cast […]
Liability of auditors for negligent audit – how times change!
Back in 2009, on the last day that the House of Lords delivered judgments, it was decided on a 3:2 […]
A Guide to the Debt Recovery Protocol
Last October, the Pre-Action Protocol for Debt Claims (the “Protocol”) was introduced by the Government. The Protocol applies to any […]
Bankruptcy estates can now be compensated for loss caused by breaches of trust
In a recent void disposition case concerning a Trustee in Bankruptcy’s entitlement to claim compensation from the recipient for loss […]
Carillion – recovering money for creditors
Parliament has decided that Carillion’s board of directors were culpable for its failure. MP’s are calling for the disqualification of […]
Do you run the risk of trading under a prohibited name after liquidation?
If you have acted as a director of a company that goes into insolvent liquidation (the “liquidated company”) at any […]
Carillion – a fair trial for the directors?
Parliament has decided that Carillion’s board of directors were culpable for its failure. MP’s are calling for the disqualification […]
The unsatisfactory status of EU pensions
It has long been the case that most pension schemes within the jurisdiction of England & Wales do not form […]