The Library of Congress > Linked Data Service > BIBFRAME Works

Bibframe Work

Title
Company directors' liability and the protection of creditors
Type
Text
Monograph
Contribution
Keay, Andrew R. (Author)
Subject
Directors of corporations--Legal status, laws, etc.--Great Britain (LCSH)
Tort liability of corporations--Great Britain (LCSH)
Business failures--Law and legislation--Great Britain (LCSH)
Debtor and creditor--Great Britain (LCSH)
Language
English
Geographic Coverage
Classification
LCC: KD2089 .K4285 2023 (Assigner: dlc) (Status: used by assigner)
DDC: 346/.4106642 full (Assigner: dlc)(Source: 23/eng/20230727)
Supplementary Content
bibliography
index
Content
text
Summary
"The book provides an analytical exposition of the law concerning directors' liability for the losses sustained by their companies' creditors, when the directors' companies are in financial distress or become insolvent. It is a detailed one-stop resource for obtaining a good understanding of the law which has developed from legislation and case law. In particular, there is a detailed consideration of what needs to be proved, what defences there are, and what might be the issues of concern for all parties. A doctrinal method is adopted and there is extensive analysis of the relevant legislation and case law. Rather than merely referring to cases to support propositions the discussion considers many of the cases in context and in depth and their relevance to the aim of the book. The book also endeavours to provide views, in a practical way, on aspects of the law and it identifies problems and how they may be addressed. Of interest to legal practitioners and insolvency practitioners alike, the book will in addition be useful to directors, government officials and academics"-- Provided by publisher.
Table Of Contents
Background
Directors
Creditors
Claimants and actions
Background and aim introduction
Fraudulent trading : the provision and its scope
Intent to defraud and fraudulent purpose
Wrongful trading : background, aims and rationale
An exposition of the wrongful trading provision and its scope
The wrongful trading defence
Relief from liability
The development of the obligation
The nature of and rationale for the obligation
When does the obligation arise?
Complying with the obligation
Commencing proceedings and determining liability
Relief from liability
Unlawful distributions.
Authorized Access Point
Keay, Andrew R. Company directors' liability and the protection of creditors
Admin Metadata
Generation Process: DLC marc2bibframe2 v2.5.0
Status: changed
Encoding Level: prepublication
Identified By: bf:Local, 22906986
Change Date: 2023-07-27T16:00:26
Creation Date: 2022-12-20
Description Language: English
Description Authentication: Program for Cooperative Cataloging
Assigner: United States, Library of Congress