Tag Archives: directors duties

Court of Appeal Refocuses the s.238 Test: Identifying the Real Transaction (UK)

The Court of Appeal’s recent judgment in TAQA Bratani Limited (“TAQA”) & Others v Fujairah Oil & Gas UK LLC & Others [2025] EWCA Civ 1669 provides clarity on how the Court will approach the question of whether a transaction, is a transaction at an undervalue caught under s.238 of the Insolvency Act 1986 (“Act”). … Continue Reading

Comparison of Directors’ Duties Across Europe

This article, that was recently published in INSOL, provides a comparison of directors’ duties between several European jurisdictions –  England and Wales, Germany, Italy, the Czech Republic and the Slovak Republic. It explores the role of directors and their general duties and obligations in a going concern scenario and examines how those duties might change … Continue Reading

Walking the Tightrope of Wrongful Trading: Temporary “Suspension” of Liability in the UK Corporate Insolvency and Governance Bill

On 20 May 2020, the UK Government introduced the Corporate Insolvency and Governance Bill (the “Bill”)  to the House of Commons. The aim of the Bill was temporarily to amend corporate insolvency laws to give companies the best possible chance of weathering the storm of the COVID-19 pandemic. One of the significant measures can be … Continue Reading

Directors’ Duties – A Guide for German Businesses

This quick guide summarises the duties that directors of German companies are subject to and how those duties change when the company is insolvent or at risk of being insolvent. It also gives an overview of the personal risk to directors when the company is in financial difficulty and suggests some practical tips to help … Continue Reading

Directors’ Duties – A Guide for Italian Businesses

This quick guide summarises the duties that directors of Italian companies are subject to and how those duties change when the company is insolvent or at risk of being insolvent. It also gives an overview of the personal risk to directors when the company is in financial difficulty and suggests some practical tips to help mitigate … Continue Reading

Directors’ Duties – A Guide for Spanish Businesses

This  quick guide summarises the duties that directors of Spanish companies are subject to, and how those duties change when the company is insolvent or at risk of being insolvent. It also gives an overview of the personal risk to directors when the company is in financial difficulty and suggests some practical tips to help … Continue Reading
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