Keay, AR (2014) Wrongful trading : problems and proposals. Northern Ireland Legal Quarterly, 65 (1). 63 - 79 (17). ISSN 0029-3105
Abstract
The aim of this article is to examine the issues that exist in relation to the bringing of actions for wrongful trading in the UK, and to determine if the law should be reformed. It is argued that because of the way that the wrongful trading provision has been drafted and applied by the courts, it does not achieve what was intended when introduced, for it does not provide the liquidator with an effective weapon in recovering funds for the benefit of creditors and it fails to act as a mechanism that will encourage directors to minimise losses to creditors. As a result the article submits that reforms are needed.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | (c) 2014, Queens University Press. This is an author produced version of a paper published in Northern Ireland Legal Quarterly. Uploaded with permission from the publisher. |
Keywords: | Administration, directors, liquidation, wrongful trading |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 23 Apr 2014 10:39 |
Last Modified: | 24 Apr 2014 09:36 |
Published Version: | http://www.qub.ac.uk/schools/SchoolofLaw/Research/... |
Status: | Published |
Publisher: | Queens University Press |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:78501 |