Part One: Definitions, duties and procedures

  • Definitions of a director
  • Judiciary’s view on directors and the standards the law places upon them
  • Fiduciary duties of directors and the Companies Act 2006
  • How insolvency is assessed and interim advice to directors to protect themselves
  • Reviewing the various corporate insolvency procedures
  • Relevant recent cases

Part Two: Claims against directors and possible protections

  • Why should directors be concerned?
  • The present insolvency market
  • Claims against directors (misfeasance, wrongful trading, fraudulent trading and the phoenix provisions)
  • Recoverable antecedent transactions (transactions at an undervalue, preferences, avoidance of floating charges, transactions to defraud creditors)
  • Relevant recent cases

Part Three: Claims against directors

In Part Three, insolvency practitioner Andy Pear of BM Advisory joins Tony to give an IP’s perspective.

  • Recent cases on directors
  • What an IP looks for on appointment with regard to the directors
  • Common breaches by directors of their fiduciary duties

Andy Pear is one of the founding partners of BM Advisory, established in March 2011 as part of City accountants Beavis Morgan. Prior to establishing his own practice, Andy was a director at one of the largest listed accountancy firms and now has more than 25 years' experience in all forms of financial restructuring, insolvency and recovery, including complex insolvency litigation and an increasing number of cross-border cases. Andy is a Chartered Certified Accountant, Licensed Insolvency Practitioner and a member of the Turnaround Management Association. Over the past 15 years he has also acted in an advisory capacity for members of the Asset Based Finance Association.

Tony Sampson

Tony Sampson

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