Directors may not be able to rely on limitation as a defence to some misfeasance claims, following the Supreme Court's decision in Burnden Holdings (UK) Ltd v Fielding [2018] UKSC 14.

Where directors have obtained an economic benefit from an unlawful distribution they are not entitled to rely on the lapse of time as a defence to any claim brought by the company, held the Supreme Court.

The court has no jurisdiction to direct a bankrupt to waive privilege in any document, the High Court has ruled (Leeds v Lemos [2017] EWHC 1825 (Ch)).

The High Court also confirmed that legal professional privilege is not the property of a bankrupt for the purposes of the Insolvency Act 1986 and does not automatically pass to their trustee. The Court of Appeal's recent judgment in Avonwick v Shlosberg [2017] EWCA Civ 1138 was considered and applied.