Tag: Wrongful trading | LEXLAW Solicitors & Barristers

Directors Duties in the Zone of Insolvency (Sequana)

Insolvent Company Directors’ Personal Liability: BTI v Sequana Explained

If your company is struggling financially, your legal duties as a director change before formal insolvency begins. When does a company director’s duty shift from shareholders to creditors? Following the Supreme Court ruling in BTI v Sequana, directors face strict legal consequences for decisions made during a company’s financial distress. Learn the exact legal triggers for creditor duty and how to avoid claims for breach of fiduciary duty.

Post date 16 September 2026
Post author By Hamza Chaudhry
Post categories In Company Insolvency, Court of Appeal, Director's Duties, Insolvency Litigation, Wrongful Trading
Tags BTI v Sequana, corporate insolvency, creditor duty, Directors Disqualification, Directors Duties, Misfeasance, s.172 Companies Act 2006, Wright v Chappell BHS, Wrongful trading, zone of insolvency

Defending Claims Brought by Liquidators: A UK Director’s Guide

When a company enters liquidation, the liquidator investigates the conduct of its directors and can pursue personal claims for misfeasance, wrongful or fraudulent trading, preferences, transactions at an undervalue and transactions defrauding creditors. This succinct guide explains each claim and, crucially, how a director can defend it.

Directors Exposed to Personal Liability in the Twilight Period (Insolvency Act 1986)

Directors who continue trading after they knew, or ought to have concluded, that there was no reasonable prospect of avoiding insolvent liquidation or administration may face personal liability under section 214 of the Insolvency Act 1986. During the period in which a company is insolvent or nearing insolvency, directors’ decisions may also come under closer scrutiny, particularly where losses to creditors increase.

Insolvency litigation assigned claims defence solicitor lawyer uk london defence manolete partners

Defending Manolete Partners’ Insolvency Legal Claims

If you’re facing liquidator legal action backed by Manolete Partners (or other litigation funders), expert legal representation is essential. We specialise in defending clients against such claims. Our expert team provides strategic legal support to counter aggressive tactics and ensure the most optimal outcome is achieved by you in your case.

Post date 12 March 2025
Post author By Hamza Chaudhry
Post categories In County Court, Director's Duties, Directors Disqualification, High Court, Insolvency, Legal Representation and Counsel, Litigation, Litigation Funding, Manolete, Winding-up Petitions
Tags Claim, DBA, Debt recovery, Defence, Directors' Loan Accounts, High Court Defendant, Insolvency, Legal representation, Litigation, litigationfunding, london solicitor, Manolete, Manolete Partners, Manolete Partners claims, Misfeasance, Preferences, Third party funding, Transactions at Undervalue, UK lawyer, Unlawful Dividends, winding-up petition, Wrongful trading

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,…

Post date 13 October 2020
Post author By Aashma Marahatta
Post categories In COVID-19, Director's Duties, Directors Disqualification, Wrongful Trading
Tags ciga 2020, COVID-19, Director Disputes, Directors Duties, Wrongful trading

Insolvent Company Directors’ Personal Liability: BTI v Sequana Explained

Defending Claims Brought by Liquidators: A UK Director’s Guide

Directors Exposed to Personal Liability in the Twilight Period (Insolvency Act 1986)

Defending Manolete Partners’ Insolvency Legal Claims

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

Have you been served with a Charging Order?

Insolvent Company Directors’ Personal Liability: BTI v Sequana Explained

York SD Ltd and Others v HMRC: What the Rooftop Solar EIS Appeal Means for Investors and Companies

Preparation for Mediation in UK

Drelle v Servis-Terminal: Foreign Judgments & Bankruptcy