Insolvency & Directors - The Key Issues Explored

Introduction

This webinar focuses firstly on section 216 of the Insolvency Act 1986 - re use of similar names by a director following insolvency and includes a careful examination of the exceptions as well as applications at court.

It will also take an in-depth look at section 17 Company Directors Disqualification Act 1986 - being permitted to continue to be a director/concerned in management of a company following disqualification.

Both of these areas are key for directors to be able to maintain their livelihoods following insolvency as getting this wrong could lead to a director having unlimited personal liability and imprisonment.

Finally, it will cover section 236 of the Insolvency Act 1986 - requests for information/documentation.

The webinar will ensure you are competent in knowing when issues may arise for directors in reusing similar names or being disqualified as a director and how to deal with those issues including preparing any appropriate court application and the supporting evidence.

It will also assist you in advising directors and their companies’ advisors who receive requests for documents/information.

The webinar includes worked case studies which will provide invaluable assistance to practitioners.

It is aimed at insolvency specialists and commercial litigators and will also be useful for directors and anyone who advises directors in an insolvency context.

What You Will Learn

This webinar will cover the following:

• Section 216 IA 1986:
• When it applies
• The consequences of a breach and consideration of PSV 1982 ltd v Langdon
• Solutions to avoid the need for a formal application for permission to court
• Applying to court and how to maximise the prospects of success
• Tips on bringing and defending a claim for breach
• Section 17 CDDA 1986:
• The consequences of ignoring section 17 when signing up to a disqualification undertaking
• Tips on disqualification settlements to maximise prospects of section 17 leave
• Applications to court - and looking at the differences to a section 216 application
• Exploring Alternatives to section 17 leave including consideration of Ahmed v Secretary of State for Business, Energy and Industrial Strategy
• Section 236 Insolvency Act 1986:
• Should a director always comply with requests for information/documentation?
• What about his advisors such as his accountants?
• Using a failure to gather in records as part of a director’s defence - re CSB 123 LTD

This webinar was recorded on 14th June 2022