What does insolvency mean for Retention of Title rights?
In the absence of any other agreement, the default position under commercial law (the Sale of Goods Act) is that the ownership […]
What happens when Directors misbehave?
When directors misbehave the consequences can be swift and severe. Ignorance is no defence when it comes to directors’ duties. In this […]
Creditor pressure on struggling businesses
When the economic outlook darkens, suppliers and service providers know that credit risks increase and the prospect of bad debts hitting their […]
What does disqualification mean for a Company Director?
Why are Company Directors disqualified? Anyone acting as a Company Director must carry on the Company’s business in a ‘proper’ manner, which […]
What is a Shadow Director and what are the legal implications
The concept of a ‘Shadow Director’ is generally only relevant when a Company is financially threatened and most often when it goes […]
What is a transaction at an undervalue?
When a Company is heading towards insolvency, the Directors’ duty to put shareholders’ interests first is replaced by an obligation to prioritise […]
What is a breach of a director’s fiduciary duties?
Directors are required to put the interests of their Company and its shareholders first. They have a range of duties and responsibilities, […]
What does receiving a Freezing Order mean for a company?
Fortunately, few Companies and their Directors find themselves on the wrong end of a Freezing Order, which was originally known as a […]
What are a business’s rights with HMRC Enforcement Officers & Bailiffs
Keeping on top of VAT, PAYE and other tax liabilities This is one of the key stresses for a business struggling with […]
The late payment scandal
In August 2024, receivables software experts, Upflow published research suggesting that well over half (57%) of outstanding B2B invoices are overdue and […]
Proactive Measures for Directors to Safeguard Their Position in the Event of Insolvency
As a director, anticipating and preparing for financial instability is crucial to protecting both personal and corporate interests. Even without immediate signs […]
Misfeasance Trading – are directors now at greater risk?
The collapse of the iconic store chain, BHS in April 2016 was the largest UK retail failure since the implosion of Woolworths […]