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What Can We Expect to Gain from Reforming the Insolvent Trading Remedy?


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Authors

Williams, Richard 

Abstract

jats:pThis paper argues that reform of the wrongful trading remedy in section 214 of the <jats:styled-content style="fixed-case">I</jats:styled-content>nsolvency <jats:styled-content style="fixed-case">A</jats:styled-content>ct 1986 is unlikely to yield significant increases in civil recovery for creditors of insolvent companies. The paper argues that the widely held view that procedural restrictions in the provision have unduly limited the application of the remedy are without foundation and, likewise, that there is little evidence that current modest levels of litigation under the provision demonstrate underperformance in the sanction relative to the scale of the misconduct against which it is directed. The paper draws on a wide range of analytical and empirical evidence to argue that the scope for application of the sanction is inherently limited by factors independent of the particular rules within the statutory remedy.</jats:p>

Description

Keywords

Wrongful Trading, Limited Liability, Cork Report

Journal Title

The Modern Law Review

Conference Name

Journal ISSN

0026-7961
1468-2230

Volume Title

78

Publisher

Wiley