BHS - Wrongful and misfeasant trading - what directors need to know

Nick Charlwood, Joel Ferguson, Katrina Buckley and Christopher Poel of A&O Sherman consider the implications from the recent High Court judgment finding two former directors of BHS liable for various heads of wrongdoing, including wrongful trading and "misfeasant trading”, reminding directors of the “duty shift” which applies when a company gets closer to the “zone of insolvency”.