||All England Reporter
|| All ER (D) 90 (Dec)
|| EWHC 3228 (Ch)
||Joseph Curl (instructed by Darwin Gray LLP) for the applicants.
||Christopher Brockman (instructed by TLT LLP) for the first respondent.
||The second respondent did not appear and was not represented.
||13 December 2017
Company - Insolvency - Liquidator of company alleging respondent directors acting in breach of duties owed to company
Company Insolvency. The respondent directors, by effecting three credits against their directors' loan accounts with the second applicant company, had acted in breach of their fiduciary duty to act in the best interests of the creditors of the company, contrary to of the Companies Act 2006 (). The Chancery Division so held on an application by the company's liquidator. The court further ruled that the directors had misapplied the company's assets for their own benefitand had failed to exercise their powers for proper purposes, contrary to s171, and were, accordingly, misfeasant for the purposes of s212 of the . The directors were ordered, jointly and severally, to repay the sum of 758,020 to the company, together with interest.
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases