Wrongful Trading Advice
Section 214 of the Insolvency Act 1986 (“the Act”) defines wrongful trading as when the directors of a company continue to trade past the point where they knew, or ought to have concluded that there was no reasonable prospect that the company would avoid going into insolvent liquidation.
This action is available to the liquidator of the company against not only directors who are registered at Companies House, but also de facto and shadow directors.
The key step for a liquidator is establishing the date at which it can be shown that the directors continued …
