Accessory Liability and s.213 Insolvency Act 1986

25 May, 2018

This article by David Foxton QC challenges the judicial interpretation of  s. 213 Insolvency Act 1986, which has created a species of accessory liability of striking width and imprecision. It argues that s.213 was never intended to apply to outsiders transacting with the company, and that the two key concepts of “carrying on business” and being “knowingly party” have been misinterpreted. Read the article in full here.

This article was first published in the Journal of Business Law in April 2018.