by Paul Brindley | Jun 16, 2024 | Upsettable Transactions
As the Euros kick off and football fever sweeps the continent, there’s a game-changing new rule in play, called ‘BHS’. The latest directive from the governing body, that only the captain can approach the referee, has transformed the playing field....
by Paul Brindley | Jan 20, 2023 | Advice to Directors, Director Disqualification, Upsettable Transactions
The top 5 takeaways from the Sequana case are: Directors have a duty to protect the interests of creditors when a company is facing financial difficulties or is insolvent. Directors must act with care and diligence in managing the company’s financial affairs and...
by Paul Brindley | Jan 26, 2020 | Administration, Advice to Directors, CVLs, Director Disqualification, Ethics & Regulation, Upsettable Transactions
What duties are we talking about? Sections 171 to 175 of the Companies Act 2006, requiring a director of a company to: Section 171 – Exercise their powers for the purposes for which they were conferred. Section 172(1) – Act in the way he considers, in good...
by Paul Brindley | Aug 23, 2019 | Administration, Advice to Directors, CVLs, Ethics & Regulation, Upsettable Transactions
Directors often come to me troubled, worried about their position as a director of a company that’s at risk of failing, perturbed by all the scare stories about personal liability and other penalties, their minds racing. Yet it’s not a crime to be involved with a...
by Paul Brindley | Mar 19, 2019 | Administration, CVLs
The Court of Appeal recently made a significant ruling on two matters relating to dividends and the shifting focus of directors’ duties. Firstly, it upset a dividend declared and paid by a company as a ‘transaction defrauding creditors’ under S423 of the Insolvency...
