Category: Directors Disqualification

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Manolete Case Study: Director Ordered to Repay Preferential Payment (s.239 Insolvency Act 1986)

The High Court ordered former director Simon Thacker to repay £33,542.20 after benefiting from the extinguishing of his director’s loan account, which was ruled a preference under s.239 Insolvency Act 1986. In contrast, claims against fellow director David Coleman were dismissed after he successfully rebutted the statutory presumption of desire to prefer, despite having received £15,000 shortly before insolvency.

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COVID-19: Suspension of liability for wrongful trading ended on 30 September 2020

The Corporate Insolvency and Governance Act (“CIGA”) came into force on 26 June 2020 introducing a number of reforms aimed at providing protection to directors and companies in financial distress,…