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I have mentioned the 'Cave Orders' before on this blog. I would now like to briefly revisit Mr Justice Cave, but this time in the context of the 19th century equivalent of wrongful trading (s.214 IA86). In Re Stainton (1887) 4 Morr, 242, the learned judge remarked in relation to a bankrupt trader, "once he is insolvent, he is no longer going on at his own risk in case of failure: he is going on at the risk of his creditors."
"This is the ultimate statement of where the law on IVAs is to be found in our great common law...