Piercing the Corporate Veil in Insolvency - A Litigator’s Workshop

Introduction

The principles of limited liability and separate legal personality are long established in English law. These concepts provide huge commercial benefits for those in business, but potential frustrations for lawyers when they are forced to explain to clients how wealthy individuals can hide behind the veil of incorporation when a business arrangement hits difficulties. This interactive course will explore this area further in the context of directors and insolvency.

In recent years, this has become an increasing problem as individuals and their professional advisors become increasingly sophisticated at utilising corporate structures to avoid the consequences of litigation. In particular, there are concerns that errant directors can sometimes seek to use limited companies to avoid personal obligations and liabilities.

This course will look at the latest law and practice in this arena and analyse how and when the veil can be pierced. It will bring all those who have dealings in this area completely up to date.

The emphasis will be on practical application of the law and will include case study work for all delegates.

What You Will Learn

This course will cover the following:

• Brief background to the principles of separate and limited liability for companies
• Duties of directors in the corporate structure
• Looking behind the veil - the latest law and practice
• Recent cases involving directors’ duties and responsibilities
• Directors and insolvency - how this area can bring about personal liability and what to do to prevent problems
• Regulatory and professional reform - is this change on the horizon?