All your resources at your fingertips.Learn More
Kitchin J held that it was not appropriate to grant summary judgment on a wrongful trading claim. To establish liability the liquidator had to show (1) the company had gone into insolvent liquidation and (2) an identifiable date at which the director knew or ought to have concluded that there was no reasonable prospect that the company would avoid going into insolvent liquidation.
To view the full text, please log in.
To receive a FREE 14 day online trial to Insolvency Law Online click here.
"This is the ultimate statement of where the law on IVAs is to be found in our great common law...