Claims against directors in insolvency proceedings – evolution or regression?
This article considers some of the current obstacles and opportunities facing practitioners advising in cases where there are claims against directors of insolvent companies. Given the reports of fraud and impropriety following the introduction of significant financial measures by the UK government during the Covid-19 pandemic, claims against directors are likely to be a significant area of growth. The article explores current case law challenges when seeking to recover funds for creditors and some of the statutory and regulatory measures than can be applied alternatively.
This article first appeared in the October 2022 issue of Insolvency and Restructuring International (Vol 16, No 2), and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association.