Breach of duty: Keeping good company

Richard Palmer assesses recent decisions on wrongful trading and misfeasance ‘The test for use of the ss214/246ZB(3) defence is not only that the steps taken were intended to reduce the net deficiency to creditors, but that risk of loss to “new“ creditors had to be minimised.‘ There are two aspects of wrongful trading and misfeasance …
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Cases Referenced

  • Ball & anor v Hughes & anor [2017] EWHC 3228 (Ch)
  • Global Corporate Ltd v Hale [2017] EWHC 2277 (Ch)
  • Grant & anor v Ralls & ors [2016] EWHC 243 (Ch)
  • Marex Financial Ltd v Sevilleja Garcia [2017] EWHC 918 (Comm)
  • Nicholson v Fielding [2017] All ER (D) 156