Source: All England Reporter
Publisher Citation: [2011] All ER (D) 237 (May)
Neutral Citation: [2011] EWCA Civ 610
Court: Court of Appeal, Civil Division
Judge:

Arden, Aikens and Patten LJJ
Representation Hugh Jory (instructed by Walker Morris Solicitors) for the claimant liquidator.
  Paul Chaisty QC (instructed by Ward Hadaway) for the defendants.
Judgment Dates: 24 May 2011

Catchwords

Company - Director - Fiduciary duty - Breach of duty - Company entering administration - Company liquidator seeking declaration that defendants liable to repay amount of directors' loan accounts - Judge finding three defendants liable to replace monies - Judge finding four defendants liable for breach of duty and that fifth defendant de facto director - Whether fifth defendant de facto director - Whether judge erring in respect of findings as to loan accounts - s 212.

The Case

Company Director. The Court of Appeal, Civil Division, held that the judge had been correct to find that one of the defendants had been a de facto director of a company which had entered administration and had been correct in finding that the directors' loan accounts were unlawful.

Practice Areas

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