by Paul Brindley | Apr 28, 2026 | Upsettable Transactions
When directors hear the word misfeasance, they often assume it means fraud, theft, or something plainly dishonest. Sometimes it does involve serious misconduct. But often it is more ordinary than that … and that is exactly why it catches people out. A director...
by Paul Brindley | Apr 14, 2026 | Upsettable Transactions
When a business is under pressure, decisions get made quickly. You’re juggling creditors, trying to keep trading, and often actring on instinct. That’s when problems come. Two areas that come up time and again in insolvency investigations are preferences and...
by Paul Brindley | Dec 9, 2025 | Upsettable Transactions
Every so often a case comes along that makes insolvency practitioners, funders and lawyers all sit up at once. Credit Suisse v SoftBank is one of those cases. On the face of it, Credit Suisse and its noteholders did something you’d normally expect to work. They used...
by Paul Brindley | Aug 5, 2025 | Upsettable Transactions
If your company is facing insolvency and you’ve borrowed money from it over the years, you could be facing more than just the loss of a business – you could be asked to repay those sums personally. I’ve seen many directors caught off guard when they discover...
by Paul Brindley | Jan 29, 2025 | Advice to Directors, Alternatives to formal insolvency, CVLs, Upsettable Transactions
Legal Restriction on Using a Similar Name Section 216 of the Insolvency Act 1986 (IA) prohibits the use of the same or a similar name of a company that has entered insolvent liquidation. Directors who breach this rule by promoting, forming, or managing a company with...
