Q&As

Unlawful to Rate Disabled Employee Poorly Despite Adjustments?

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Published by a LexisNexis Restructuring & Insolvency expert

Published on: 11 May 2022

Is it possible to bring a claim for misfeasance against a director of an overseas company using section 212 of the Insolvency Act 1986 (IA 1986), where the overseas company is going through a liquidation procedure in the English courts? The scope of IA 1986, Pt IV suggests that a section 212 action should apply to companies registered under the Companies Acts. However, the comments of Arden LJ in Base Metal Trading Ltd v Shamurin, suggests that the provision could have a wider application.

The scope of Part IV of the Insolvency Act 1986 (IA 1986) (IA 1986, s 73) suggests that a section 212 action should apply to companies registered under the Companies Acts. However, the comments of Arden LJ in Base Metal Trading Ltd v Shamurin (para [67]), suggests that the provision could have a wider application.

Where a company has operations in more than one jurisdiction, the directors of the company may need to consider the relevant insolvency laws and laws applicable to directors’ duties in each relevant jurisdiction. For example, certain jurisdictions have prescribed time periods for

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Jurisdiction(s):

United Kingdom

Key definition:

Misfeasance definition

What does Misfeasance mean?

Misconduct, usually on the part of an officer of a company. For example see Insolvency Act 1986, s 12.

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