Unsecured Creditor
Appeal court win for company directors
The UK Supreme Court recently dismissed a claim for a law change that would force company directors to take creditors into account at the first sign of insolvency. Instead, the Supreme Court upheld the current law. As a result, directors only need to prioritise creditors when company insolvency is highly likely. Under the current ruling,…
Read MoreDark Side of Liquidation
When a limited company enters liquidation, for whatever reason, revenue from the sale of the company’s assets is redistributed amongst creditors and shareholders in order of priority. The director’s powers cease and an insolvency practitioner (IP) takes over managing the company’s affairs. The director no longer has any control over the company or its…
Read MoreEnd of temporary insolvency measures
Last week, the Government withdrew the temporary insolvency measures introduced two years earlier to support businesses during the Covid-19 pandemic. Creditors could obtain winding-up petitions under the temporary legislation (enacted as part of the Corporate Insolvency and Governance Act 2020). However, the debt threshold for winding-up petitions increased to £10,000 and creditors were compelled to:…
Read MoreCybercrime: Beware of Ukraine donation scams
It is hard not to be affected by the horrific scenes of war from Ukraine that appear daily on our screens. We can only empathise with the innocent people caught in the crossfire. Most of us feel helpless, but want to help anyway we can. Consequently, there has been a global outpouring of cash and…
Read MoreHow to challenge a statutory demand
Company directors, business owners, and individuals can expect to receive more statutory demands in 2022 compared to previous years. Why? Covid-19 has forced many people and companies to give more credit than usual, and making a statutory demand is the first thing they’ll do when attempting to recover overdue debts. A statutory demand is a…
Read MoreCorporate fraudsters: Are UK laws tough enough?
Whereas dishonest British company directors are rarely punished, American TV star Martha Stewart served time in jail for misleading investors Several articles discussing UK fraud laws have been knocking about over the past week, and several ask a fascinating question: Compared to the USA, is the UK tough enough on corporate wrongdoing? It’s safe to…
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