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Company directors and other company officers have a range of duties and obligations should their company become insolvent, regardless of whether it continues to trade or trading has stopped. Failure to comply with these obligations can result in the company liquidator or administrator i.e. the Insolvency Practitioner bringing civil claims against company directors. As explained […]
18/09/26
In a previous article, we commented on the Court of Appeal decision in Saxon Woods Investments Ltd v Costa [2025], which clarified and reinforced important aspects of minority shareholder rights and confirmed the protection available for minority shareholders against the dishonest actions of directors. Minority shareholders are often involved in disputes with majority shareholders where […]
12/08/26
Company directors are required to act in good faith to promote the success of their company for the benefit of its members as a whole. However, when that company is insolvent or faced with the possibility of insolvency, that obligation may well be superseded by a duty to act within the best interests of the […]
30/07/26
A winding up petition is a formal court application made by a creditor seeking to place an insolvent company into compulsory liquidation on the basis that it is unable to pay its debts. The number of companies, private businesses and individual traders facing insolvency remains high, reflecting pressures such as rising National Insurance Contributions, increases […]
09/07/26
KANGS has advised and assisted our client in insolvency proceedings by obtaining a Bankruptcy Order against an individual to whom she had loaned one hundred thousand pounds. If a creditor is owed a debt of five thousand pounds or more, one of the recovery options available is the issue of a Bankruptcy Petition requesting the […]
09/12/25
In the case of Ciddy Ltd v Natalia [2025] EWHC 1616 (Ch), Judge Agnello KC dismissed a bankruptcy petition issued in respect of an unpaid debt arising from a Loan Agreement, which the court found resulted from an ‘unfair relationship’ and contained an unenforceable penalty clause. Anjana Natalia (‘the debtor’) challenged the petition on the […]
30/10/25
