Directors: Scapegoats or Proper Targets?

Andrew Barns-Graham of 3 Hare Court and Luke Harrison of Keidan Harrison question whether the Insolvency Act 1986 strikes an appropriate balance between holding directors accountable for corporate failure and encouraging legitimate rescue efforts, drawing on the wrongful trading regime and the Supreme Court’s decision in Sequana to assess when directors’ duties to creditors arise, the risks of personal liability and the courts’ efforts to avoid hindsight-based scrutiny of commercial decisions.

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